Can Mediation Help You Avoid Going to Trial?

Posted by Allison Sullivan on Dec 16, 2020 8:30:00 AM

Can mediation help you avoid going to trial?

In one of our previous posts, "What does litigation mean?", we briefly mentioned mediation as one of the steps you may utilize prior to a trial.

Can mediation help you avoid going to trial entirely?

The short answer is maybe.

We'll start by taking a look at the basics and process involved in mediation.

What Happens During Mediation?

While lawsuits are essential to a functional legal system, they can also cause serious stress. Going to trial may not always be necessary, whereas mediation presents an opportunity for resolution.

With an emphasis on a potential settlement, direct negotiation or attorney-assisted mediation can help avoid taking your case before a jury or judge in court.

Mediation provides a pre-trial opportunity for you and the opposing party to get together and try to reach an agreement on your own before having to enter the court system.

Alternative dispute resolution almost always involves compromise by both of the parties involved. This compromise may include financial settlements, an agreement on whether or not one party will admit responsibility legally, new legal contracts signed by both parties, or many other potential types of settlement. Mediation also has the added advantage that it can involve alternative resolution terms that a judge or jury may not be able to provide, such as a written apology or confidentiality agreement. 

Should I Call a Mediation Lawyer Before I Try to Speak to the Other Party About Mediation?

We do advise that you seek a consultation with a legal representative before attempting any kind of lawsuit mediation.

While a successful mediation should help you avoid lengthy litigation, you will still want to have as much information available to you as possible before you sit down with the other party.

A legal representative can help you go over the details of your unique situation, and help you to come to a decision as to the settlement or compromise options available to you.  

Additionally, a number of counties in South Carolina require that the parties attempt to resolve the case at mediation before a case can go to trial.

Sometimes, It's even worth mediating a claim prior to filing the official lawsuit to see if you can come to an agreement ahead of time.

Considering Mediation? Give Us a Call.

While this has been an introduction to the process of mediation and how you can utilize lawsuit mediation to avoid going to trial, there are many more details to discuss the types of mediation you may attempt and how to know whether or not mediation is right for you.

if you've been involved in a situation where you feel lawsuit mediation could help you avoid going to trial, or to come to a mutually agreeable conclusion, Bluestein Attorneys is here to help.

Reach us by phone at (803) 779-7599 or contact us online at any time. We'd be happy to speak with you about the events that have led you to consider mediation or filing a lawsuit

Request your free consultation

Topics: Litigation, Mediation