- posted: Sep. 29, 2023
Legal professionals estimate that the vast majority of civil cases, perhaps 90 to 95 percent of them, settle outside of court. In many cases, mediation is wholly or partially responsible for producing the settlement. There is a strong likelihood that your legal dispute can settle, too, with the aid of a skilled mediator.
Mediation is a dispute resolution method that is used in many areas of law. Its primary value is that it enables parties to exchange information freely and confidentially, without compromising each other’s legal rights, so as to reach an agreement that avoids the time, expense and uncertainty of litigation. The following are common types of cases amenable to mediation:
- Attorney malpractice — Attorneys can make mistakes, either through negligence or lack of knowledge. A client can allege to have suffered losses due to a lawyer missing deadlines, failing to catch conflicts of interest, misapplying the law or breaching the attorney-client privilege. However, malpractice claims sometimes arise from a client’s sheer disappointment with a result. In many cases, mediation can achieve a resolution.
- Business disputes — Conflicts between businesses or among owners of a business can be disruptive to operations and might hurt the bottom line. Among the issues that can be resolved in mediation are disputes over intellectual property, ownership rights, profit sharing and contractual rights.
- Employment law — Mediation can help resolve disputes over wage and hour compliance, overtime pay, misclassification of employees, employee discipline and termination.
- Family law — Common issues resolved in family law mediation are child custody and visitation, division of marital assets and spousal maintenance. Parties seeking modification of court orders due to changed circumstances can also find mediation a friendly forum.
- Personal injury — Accident victims and allegedly negligent parties often can come to terms on the amount of damages payable for economic losses and for pain and suffering. Mediated disputes can involve personal or commercial motor vehicle accidents, accidents at work, product injuries and injuries on residential or commercial premises.
- Real estate — Common disagreements involve contract interpretation, title encumbrances, property boundaries, permissible uses and co-owners’ rights. Many of these disputes come down to valuations of mutual property interests, which can be resolved in mediation.
These and other types of cases can be more quickly and inexpensively handled by an experienced mediator. In addition, a major advantage of mediation is that it gives each party the opportunity to have input into the ultimate resolution of the matter, rather than put the outcome in the hands of a judge or jury.
Quinn & Kronlund LLP in Stockton provides effective mediation forums for a wide range of legal matters throughout northern California. Feel free to contact us online or call 209-943-3950 to learn more about our services.