Settling a civil case through mediation is often faster, cheaper, and less stressful than going to trial. Mediation is voluntary, so both parties in the lawsuit must agree to mediate for mediation to take place.
Most civil cases in the United States are settled before trial, and many of these settlements occur through mediation. However, not all cases are suitable for mediation. Here are some of the cases that are eligible for mediation:
- Custody cases
- Divorce cases
- Contract disputes
- Personal injury cases
- Probate cases
- Workplace cases
- Cases involving a minor
Custody cases are one type of case that is eligible for mediation. In a custody case, the parents must agree on who will have custody of the child or children. The mediator will help the parents to agree on custody.
When mediating custody cases, the mediator will talk to both parents about what they want and what is best for the child or children. In cases like this, the child’s best interest should always come first. The mediator will help the parents agree on a reasonable solution.
In a divorce case, the husband and wife must agree to divide their assets. The mediator will help them agree on the division of their common assets. The mediator will help the husband and wife focus on things that are important to them, such as who will get the house, who will get the car, and how much money each person will get.
In a contract dispute, two or more parties must agree regarding a contract. The contract must be written and signed by all parties to be valid. The mediator will help the parties agree on the issue of dispute. If they do not agree, the mediator will help them to find a solution like going to court or arbitration.
Personal Injury Cases
Personal injury cases are cases where someone is injured because of the negligence of another person. In a personal injury case, the person injured will need to agree with the person who caused the injury on a favorable conclusion to the case.
If the injury occurred in Phoenix and the people involved cannot settle, they should contact a Phoenix personal injury lawyer for help. A lawyer will help them get the compensation they deserve.
Some of the common personal injury cases that require mediation include:
- Car accidents
- Slip and fall accidents
- Dog bites
- Medical malpractice
Probate cases involve the distribution of the assets of a person who has died. The executor of the estate will need to agree with the beneficiaries of the estate on how the assets will be distributed.
The mediator will help the executor and beneficiaries agree on the distribution of the assets. The guidelines for the distribution of assets are set by the state.
Workplace cases are disputes that typically occur between employees and employers. The mediator will help the employees and employers agree on the dispute. Workplace cases can involve harassment, discrimination, wages, and benefits. If they are beyond mediation the Equal Employment Opportunity Commission can investigate.
Cases Involving Minors
Cases involving minors can involve disputes between parents and children. The mediator will help the parents and children agree on the dispute. Since the child is a minor, the courts will usually require the child to have a lawyer.
Contact a Lawyer for Help
There are many different types of cases that are eligible for mediation. Mediation can help parties to agree on their case. If they do not agree, the mediator will guide them to find a solution. Mediation is a good option for many different types of cases.
If you are unsure that mediation is the best option for you, contact a lawyer. After assessing your case, they can offer valuable insight into how you should proceed. Regardless of the path you choose, the attorney will always represent your best interests.