Mediation isn’t quite what you see on TV. Mediators are not marriage counselors or police officers who get phone calls to solve every little problem. Mediators are people who help resolve legal battles through alternative means. In some cases, mediation is court ordered prior to having a full blown trial in any particular case.
You might be asking, “How can mediation help me?” or saying, “I want my day in court.” or, “We can’t agree on anything.” But, did you know that judges don’t like to make decisions for you? Have you considered that you may be better off settling your dispute rather than paying legal fees and expert expenses of going to trial? Even if you get your day in court, what are the chances that you are going to like the result?
In mediation, you get to take control. You get to decide what agreement you want to make. Since you are making the agreement, you are going to be happier with it and want to stand by it. You won’t need to blame a judge for leaving things to him or her, but you can leave mediation (1) with an agreement that you are happy with or (2) with a better feeling of what to expect when you get to court.
There are several types of mediation, and different types of mediators. Mediation may be between parents, between insurance companies and victim’s of auto accidents, amongst citizens concerned about real estate developments, and between and among any other people who are party to a conflict or unpopular decision. The Indiana Alternative Dispute Resolution Rules govern conduct during mediation, and there are two types of registered mediators: civil mediators and domestic relations mediators. Dillon Legal Group, P.C. offers services in both arenas, and also represents individuals as they participate in the mediation process. Even if the dispute between parties is large, our attorneys can use their mediation skills to help get the parties to an agreement.
Mediation normally starts with brief introductions amongst the parties and the neutral-third party mediator, followed by a brief summary of the rules. Each party then gives an opening statement to the mediator, either privately or with both parties in the same room, called a caucus. The mediator then facilitates between the parties to assist in getting to an agreement. The process is driven by the parties, and a good mediator helps the parties get past tedious issues toward an amicable resolution.
In Indiana, mediators can actually help you draft some of the legal documents. Whether you are going through a divorce, child custody or support modification, or battling a car accident suit, we want to help you through the process and obtain a result where no one loses.