Of late, attorneys are realizing that although litigation is appropriate, but it should not be treated as the first choice for dispute resolution by parties considering their best interest. Litigation processes are often lengthy, intricate, involves a lot of financial and emotional involvement. Mediation is a modern practice of dispute resolution to avoid undesired detriments. If a Mediation Attorney resorts to mediation at an early stage of case development, it saves the clients from all such botherations of litigation and associated involvements. The professional code of conduct also emphasizes mediation as an effective process, that an attorney should advise their clients for reasonable dispute resolution. Here are a few vitals steps that can be pursued by a professional attorney in order to expedite the process of dispute resolution.
Evaluating the case for appropriateness:
When approached by the client, the Mediation Attorney will check the suitability and appropriateness of the case for dispute resolution. This can be accesses by discussing with the client on the nature of the case, strength and weakness, and the complexities involved in the case. The clients must understand that medication is completely different from litigation, and must be dealt with a professional attorney or firm specializing in medication process.
Selection of the Mediation Attorney:
Clients must understand that mediation is a mutual agreement to settle the case out of the court (or under the guidance of the court), and the selection of attorneys must be done properly. There must be a lot of trust and confidence among the clients going for mediation as a process of dispute resolution. One of the most favorable methods may be to ask the other side to select the mediation lawyer. This will not only help to build a trust factor, but also expedite the mediation process in a convincing atmosphere.
Development of a case strategy:
Once the analysis is done, a suitable case strategy must be prepared on the basis of the facts obtained during evaluation. Depending upon if the case is ordered by the case or initiated by the clients' side, attorneys from both sides must approach and analyze the type of mediation desired, scope of mediation, cost-sharing options, and other logistical arrangements.
Preparation of counsel:
Once the case strategy is developed and the mediation is scheduled, the Mediation Attorney must prepare them with facts and evidences that can be discussed among the parties. The greater details, like client's legal rights, and potential liabilities under specific circumstances must be discussed with the clients prior to initiation of the mediation process. Also the attorney must analyze the strength and weakness of the opposite side and the range of settlement in order to expedite the mediation process.
Presence of decision makes:
During the actual mediation, both the clients and the Mediation Attorney must ensure that the decision makers should be present. Remember that mediators cannot force you to accept a settlement, unless you like the decision. The process of mediation should be like addressing all issues one-by-one, starting from the easier one to the hard one at the end. This not only helps to settle the case with mutual consciousness, but also helps to expedite the case for a favorable settlement.
If chosen appropriately, Mediation Attorney with decision makes can expedite the process of dispute resolution in a win-win situation for both parties.