Pre-Trial Litigation

 

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High Plains Mediation Civil Pre LitigationPre-Trial Litigation Mediation is a mediation process used to resolve legal disputes between parties without engaging in costly and often lengthy court trials. This mediation process typically occurs after a complaint and answer have been filed in court but before the case goes to trial. During this mediation, an unbiased third party mediator works with both parties to settle the dispute outside of court using alternative dispute resolution (ADR) techniques such as negotiation, mediation or arbitration.

The mediation process begins with the parties attending a mediation session with their attorneys and the mediator. The attorneys provide legal advice during the mediation and can help each party more effectively negotiate an agreement that both sides can agree upon. During this session, the mediator will work to identify common ground between both sides while also encouraging them to express their views openly and respectfully.

The mediator acts as an unbiased facilitator, neither offering opinions nor making any suggestions on how to reach a resolution. Instead, they use techniques such as positional bargaining and integrative bargaining to help guide negotiations so that both sides are able to find areas of compromise and craft an acceptable solution that works best for all involved. In some cases, when one side is particularly adamant in its position it may require creative problem-solving from the mediator in order for both sides to move forward productively.

Once an agreement has been reached by all parties involved it is documented into a legally binding contract which outlines all of the terms of settlement agreed upon during mediation. It is important for each party involved to understand exactly what has been agreed upon for it be fully enforceable in court should one of the parties fail to honor their obligations under said agreement.

Pre-Trial Litigation Mediation can be highly effective at resolving conflicts without resorting to costly litigation proceedings or lengthy court trials which could potentially lead nowhere at all if one side chooses not to comply with any resulting decision made by the judge or jury. Furthermore, mediation provides individuals with more control over how they want their case resolved as opposed relying on third party decisions which may not necessarily reflect their best interests nor desired outcome!

stock photo negotiating a business deal concept of dispute resolution and mediation 1828085321