Most lawyers will advise clients that Court should always be the last resort. When direct negotiations are not likely to succeed, one alternative is Mediation. A mediator is an independent, specially trained facilitator. He or she controls the communication between the parties so that all conversation is directed towards solutions to the issues. Mediation can occur just between the parties, or with lawyers present. Everything said during mediation is confidential and cannot be used in Court. This ensures the complete candor of the parties and maximizes the chances of success. Parties can, by consent, mediate single issues, or any number of outstanding matters. The mediator will never impose a solution, but will assist the clients in attempting to create their own solution. If an agreement in principle is reached, the clients then ask their own lawyers to advise them concerning the legal impact of the proposed solution, and finally, to prepare appropriate documents to formalize the agreement.
Most of the lawyers at Wise Walden Barkauskas are also experienced mediators. We are often asked by other lawyers to act as mediators for their clients. In addition, in appropriate cases we refer our clients to mediation in an effort to resolve litigation quickly, fairly, and at a minimum of cost to our clients.
