Say No Court
Say No Court
- SayNoCourtallows both parties to meet with a neutral third party to reach a mutually agreeable solution that will end a conflict.
- SayNoCourt assists the parties in working out a settlement that both can agree to. Such a settlement agreement is put in writing and signed by the parties, becoming a contract of sorts.
- SayNoCourt facilitates communication to help the parties reach a mutual agreement
- SayNoCourtMediators work towards encouraging both parties through interaction to arrive at an amicable settlement by themselves.
- SayNoCourt mediator, unlike a judge, does not make decisions on the disputes in any way.
- SayNoCourt mediation sessions tend to be less stressful to both parties and, at times, are friendly conversations and clarifications.
Advantages of Mediation
In some situations, mediation may be preferable to filing a lawsuit. Mediation provides the following advantages:
- Confidentiality. There are a few exceptions, but what the parties say during mediation is confidential and not subject to the future use in a lawsuit. Court cases, on the other hand, are matters of public record.
- Costs less than a lawsuit. Mediation cases cost substantially less than court costs and attorney fees.
- Faster resolution than going to court. Lawsuits may take years to result in a court ruling, but mediation can take as little as a few hours or a few sessions.
- The parties decide. The parties in mediation, not a judge or jury, decide on the resolution.
- The parties communicate directly. Rather than communicating through lawyers, the parties speak directly to each other.
- Parties are not forced to agree to a solution in mediation.
What Occurs During Mediation
In most mediation cases, the following occurs:
- Introduction. The mediator explains the rules and process involved in mediation.
- Statements by the parties. Each party has the opportunity to describe the dispute.
- Identification of the dispute. The mediator will ask the parties questions in order to gain a better understanding of the conflict.
- Private caucuses. The mediator will conduct private meetings with the parties to obtain a better understanding of each party's side and to assess possible solutions.
- Negotiation. The mediator will help the parties reach an agreeable solution.
- Written agreement. If the parties reach a resolution, the mediator may put the agreement in writing and ask the parties to sign it. In many states, these agreements can be upheld in court.
Features
Mediation cases often involve conflict arising in divorce and child custody issues and in disputes between family members, neighbors, business partners, accidental disputes,criminal cases, landlords and tenants, and labor unions and management.