Questions You Should Ask Before Your Mediation Session
Mediation can be an effective way to settle many different kinds of disputes, but it is natural to have some questions about what to expect. Your mediation lawyers in San Jose, CA , are available to address all of the questions you have before you enter into mediation. Consider asking your mediation lawyers these questions in the run-up to your session.
Why is mediation right for my case?
Mediation can be beneficial for many different reasons, but it is not right for every case. If your lawyer believes that there is a chance that you could settle your dispute outside of court, then he or she may recommend mediation to save you the time, stress, and costs of taking a case to court. During mediation, you can come to an agreement that is legally binding much quicker than waiting for a date on the court schedule. However, if your case is contentious and your lawyer believes that coming to an agreement is not possible, he or she may recommend that you go to court instead of attempting mediation.
What happens during mediation?
The focus of legal mediation is to come to an agreement on a dispute in a way that is acceptable to both sides. No one in a mediation should feel like he or she is the winner or the loser. During mediation services, a neutral mediator will ask questions and guide both sides through a negotiation process with the goal of helping each party come to a conclusion that feels fair to him or her. Your lawyer will also be there to represent you and make sure your rights are protected.
What happens if mediation is not successful?
Trying mediation doesn’t mean that you can’t pursue court at a later date. If you cannot come to an agreement in mediation, your lawyer can help you choose the right next step, including filing a court case, if necessary.