What is mediation and how does it differ from traditional litigation? - Patterson Bray PLLC

What is mediation and how does it differ from traditional litigation? – Patterson Bray PLLC

Transcript:

00:00:03 for years and years when people filed a lawsuit the only way they could resolve their case was to have a settlement outside of court or to have a judge decide the case on the merits as the law has changed over time lawyers and judges have worked to try to create a system in which parties can get out of the judicial process as fast as they can and the two ways we do that are through mediation and arbitration arbitration is what you hear of when you might want to file a dispute against your insurance

00:00:36 company and they require that you handle that outside of the court system and an arbitrator makes a decision the difference with mediation is that someone is not making a decision on your behalf mediation allows the parties in a neutral space to come to an agreement to resolve their claim against one another the mediator solely works on behalf of the parties to try to get them to a resolution he looks at the facts on both sides looks at the law on both sides and advises the parties here are the risks in taking your case to court

00:01:15 this might be a reasonable resolution they can’t give you legal advice but they can tell you here’s here are the risks you’re facing if you take this to court and it might be worth taking this settlement so that you’re not in court for a long time you’re not spending attorney fees the beauty of mediation is that you can get some resolution to your case without having to take a risk that a judge disagrees with you about your case and you can get to a resolution where all the parties agree

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