Our Attorney-Mediators appreciate the considerations many of their fellow attorneys face when determining if mediation is a good alternative for their clients. We know that most clients, whether individuals or businesses, do not have unlimited financial and time resources for the demands often created by the litigation process. For these parties, litigation becomes less of a solution and more of a hurdle to the result they are seeking. Attorneys acting as good advocates for their clients shall consider all the available modes of dispute resolution.
Being a good advocate for your client includes protecting their rights and minimizing their risks while educating them about the decisions they face. Effective client education includes informing your clients of the various alternatives to litigation- arbitration and mediation are just two of those processes. But, as attorneys, we understand that you want confidence in the professionals who will be providing these services. You want to be sure that the mediators are well-trained, skilled at their craft, and appreciate the issues at hand. The Attorney-Mediators of Papa & Roberts, PLLC are highly trained, skilled and experienced. We will provide the quality of service you expect for your client and that your client deserves at a very reasonable rate.
Mediation can lead to many benefits for your client including: outcomes that exceed parties' expectations; a chance for parties to be heard; results that are often much more creative and flexible than traditional, judicial remedies; facilitation of more reasonable outcome expectations for parties; and, an increased likelihood of amiable personal or professional relationships between the parties at the conclusion of the dispute. Mediation is often considerably more efficient than litigation and skilled mediators work diligently and skillfully to keep parties engaged in the necessary process for the appropriate amount of time.
When preparing your client for mediation, you as the advocate are best situated to present mediation as an excellent opportunity. Encourage your client to participate in good faith and explain that they maintain control in the mediation. Ultimately mediation is a voluntary process and the best results are those which the parties generate themselves. You can assure your clients that mediation is confidential and that all parties will be required to sign a confidentiality agreement prior to the mediation. Let them also know that the mediator can not be called to testify as to what happens in the mediation.
If your client is concerned about enforceability of a mediated agreement, you can explain to them that the vast majority of all resolutions are enforceable as contracts or agreed orders of the court. You can also assure your client that if a resolution has been thoroughly discussed, negotiated and "reality-tested," your client will leave the mediation process with a resolution that will stand the test of time.
We hope that you will consider mediation to assist you with settling many of your cases. At Papa & Roberts, we are attorneys who are familiar with litigation and the needs of numerous types of parties. If you have any questions about our approach to mediation or are ready to schedule mediation with our firm, please do not hesitate to contact us.
Mediation can be used in many types of conflicts, such as:
- Divorce and Child Custody
- Community Disputes
- Neighborhood Conflicts
- Contracts
- Business Disputes
- Construction Disputes
- Family Estate Issues
- Property Disputes
- Church
- Debt Collection
- Employment and Workplace
- Housing
- Landlord-Tenant
- Personal Injury
- Discovery Disputes
- Consumer Disputes
- Insurance Subrogation
- Disputes Involving the Elderly
