Tags: Mediation

You have filed your lawsuit; your trial is still months away and now the other side has proposed mediation. What is mediation and how did we get here?

Mediation is an alternative dispute resolution where a neutral third party, the mediator, attempts to resolve the dispute between two or more parties and reach a settlement. There is no judge or jury. The mediation is a party-centered process that focuses upon the needs, interests and rights of the parties. The mediator cannot force one party to settle during a mediation. If all the parties can agree on a resolution, the lawsuit can be resolved during mediation.

How we get to mediation can vary widely depending upon the lawsuit and the parties. Mediations can arise when:

- One party does not want to disclose business information to the other side in discovery,

- The expense of litigation starts to outweigh the potential rewards,

- Witnesses testified during depositions to facts that damaged one party's positions for trial,

- Dealing with difficult and expensive expert witnesses,

- The judge has issued a ruling adversely affecting one party's claims for trial,

- The discovery process starts to drag on and has become burdensome for the parties,

- A party does not want to have their deposition taken,

- The mental and physical stress of being involved in a litigation starts to take a toll on the individuals involved,

- The attorney's fees are starting to rise with no end in sight, or

- The uncertainty of a trial and how a judge or jury might view the evidence.

The potential reasons for why parties might want to mediate our endless. While it may appear the parties are far apart in their positions for settlement, a mediator can help close the gap, help the parties find a common ground and a solution.

The attorneys at Goosmann Law Firm have experience in successfully mediating numerous types of lawsuits. At Goosmann, we have represented clients ranging from local businesses to national brands in mediations involving boundary disputes to multi-million dollar settlements. With offices in Omaha, Sioux City and Sioux Falls, we have the right attorneys in your location to help you with your next lawsuit and mediation. Give us a call to discuss your options.


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