Mediation should be considered at the outset of a conflict, however, mediation can occur at any point in the process. Mediation should be considered when:
The participants want to limit their litigation costs;
A quick resolution is desired;
The participants want to maintain a working relationship;
A judicial remedy may not be adequate;
The participants want to avoid publicity;
The participants desire confidentiality;
A creative remedy is preferred; and
The participants are uncomfortable with the unpredictability of court.
Scott Barrett has a core competency in the following areas:
Shareholder, Member and Partnership Disputes;
Real Estate Matters;
Wills, Estates and Probate Contests;
Employment Claims / Disputes;
Commercial and Residential Lease Matters;
Business Entity Matters;
Neighbor / Homeowner Disputes;
Franchise Conflicts; and
Corporate Governance Matters.
Mediation helps the participants settle their differences without risking the expense and uncertainty of going to court. The participants also benefit from:
A quick resolution;
A private and confidential process;
An informal and relaxed atmosphere;
An opportunity to revise and adjust the scope of the conflict;
A more flexible and creative solution that is more agreeable than court judgment;
A chance to preserve relationships; and
A better result.
For all the reasons above, participants generally report a better outcome as a result of mediation than they do from a lawsuit. In mediation there is no winner or loser, no admission of fault or guilt, and the settlement is mutually agreed upon, the participants are typically more satisfied with mediation than any other process.