Why Would You Hire A Mediator?

Mediation is an alternative form of conflict resolution that employs a neutral third party to negotiate a compromise between disputants in a civil case or workplace grievance.  Individuals can seek mediation in divorce cases to settle child custody matters, in landlord-tenant disputes, in automobile-related injuries, or any number of other personal disagreements involving potential liability or distribution of assets or privileges.  A court-approved mediator (usually an attorney) refrains from giving legal advice and provides no judgment in the case.  The mediator’s role is not to determine liability or fault, but rather to create an equitable agreement that satisfies the interests of both parties.  Once again, mediators DON’T TAKE SIDES; they help both parties to work out a settlement or contract to prevent further legal action.

There are several advantages to going with a mediator.  Lawsuits cost a fortune and drag on forever.  The expense of conducting litigation often exceeds the sum involved in the legal dispute.  A mediator can usually negotiate a deal within a few hours or a couple of days for several thousand dollars at most, a fraction of what a lawsuit will cost in the end.  Mediators often help to broaden the scope of the dispute, that is, they aim to get at the root of the grievance instead of probing the specific complaint.  A landlord might bring a delinquent tenant to court over unpaid utility bills, for example, and the lawsuit will deal with this issue alone.  A mediator, on the other hand, might help to uncover the fact that the landlord had failed to shoulder his own responsibilities during the tenancy, such as performing routine maintenance tasks on the property at the tenant’s request.  A conversation over mutual grievances conducted by a skillful mediator might help to facilitate an amicable arrangement that accounts for misunderstandings and slights on both sides.

If a mediator fails in getting the parties to reach an agreement, the mere airing of grievances sometimes helps disputants to cool their emotions and to see the other side of the situation more clearly.  The progress made during mediation may facilitate the arrangement of a settlement before a civil trial takes place, thus saving time, expense, and energy for each side. 

Mediation may not be right for a conflict in which one side exercises undue influence over the other, say, in an abusive marital situation, or when a person is intimidated by confrontation.  The risk of an unfair settlement being forced on the weaker complainant requires the presence of an attorney for these cases or a resolution at trial.  Mediation, furthermore, will not provide the best legal format for the awarding of large sums of money to a litigant.  Mediations foster compromise and negotiation, so clients looking for a large payout will likely have to persevere through trial.

If you think mediation might be the best approach for your situation, you can contact a court-approved NH mediator directly.  The names of mediators and their phone numbers can be accessed at www.mediate.com.   The mediator will contact the other party with your request for mediation, if you’re not comfortable reaching out this to person yourself.  

Articles contained here are not intended to provide legal advice, only providing general information. We encourage individuals to consult with an attorney regarding individual circumstances.