The civil judicial process involves attorney and client. The client can be the plaintiff or the defendant. Fees for retaining a lawyer in New York State average $600-900. The initial fee is simply to agree on using services of your attorney. In other words, your case may and most commonly will require more money. Included in this price are court fees, document preparation, travel, research, and time. Keep in mind that the attorney who agrees to take the case will most likely be responsible for numerous other cases. Due to case loads, this attorney will have limited time to personally call each client and provide most current updates on the details of the case. Work hours for attorneys are often spent doing research, prepping for cases, or in court. Many clients complain that they do not feel well informed about the proceedings of their case. This dilemma is not one that can easily be fixed. Often attorneys can diffuse the problem before it has escalated to the need for court interference. Here's a useful tip: The court system is best used to refute federal, government, or city laws or rules that are deemed unjust.
On the other hand, the difference with mediation is that the disputing parties are fully involved in the process of their case. Not only are they involved in the procedure but they are likewise involved in the decision, and/or solution. There are no long wait periods in between court dates, there is no lost time spent trying to reach attorneys on the phone, and there is no surprise when the judgment is announced. Given the complicated court procedure, there appears to be less to lose when using mediation vs. courts. Which one would you choose for common conflict resolutions?
This blog was created to help generate awareness about mediation as a form of dispute resolution.
Showing posts with label Conflict Resolution. Show all posts
Showing posts with label Conflict Resolution. Show all posts
Wednesday, September 5, 2007
Saturday, August 25, 2007
Why choose mediation vs. court procedure
There is a time and place for everything. But today, just about everything is being taken to courts for a judge to decide the outcome. The problem with this is that a judge does not have the time to meticulously address all cases. Some get thrown out, while others are placed on the court calendar and wait weeks; often times months before they get heard. In many cases the decision is not favored by both parties. Mediation is the alternative. What is mediation? Mediation is a means of resolving a dispute by the parties involved in the dispute. The disputing parties decide for themselves with assistance from a neutral moderator or referee. Mediation enables the members involved to decide the terms of the solution on their own. This results in greater satisfaction of the outcome. In the event that mediation turns out to be unsuccessful in coming to a solution, both parties still have the right to take court action. However, the mediation process is to remain confidential. It can not be used against either party. Mediators are often trained in their respective fields. Each mediator brings their individual skills to the process. Mediation can be used to address basic family disputes, negotiate divorce terms, assist in business negotiations, contract negotiations, resolve business disputes, commercial disputes, and much more. Members of most communities are not fully aware of the fact that mediation is a useful tool available and often free of charge. I created this blog to help bring about greater awareness on mediation as an alternative in negotiations and disputes.
Mediation is a viable form of dealing with conflicts, disputes, and legal matters before they go to the court system. It's a great intervention tool that can save money that would traditionally go towards paying attorneys. It also significantly cuts down on the wait time for decisions.
Try it. We can begin to take the responsibility of solving our problems.
Mediation is a viable form of dealing with conflicts, disputes, and legal matters before they go to the court system. It's a great intervention tool that can save money that would traditionally go towards paying attorneys. It also significantly cuts down on the wait time for decisions.
Try it. We can begin to take the responsibility of solving our problems.
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