Using Mediation to Avoid a Lawsuit

Mediation is a process that involves an unbiased party or member to help carry out negotiations to terminate a dispute. Mediators don’t make any decisions, but give opinions. They have no power and do not testify in the courtroom or reveal events during the mediation process. Mediators have the power to encourage or pressure disputing parties to come to an agreement by recognizing risks of advancing further with a lawsuit. Having mediators can save your New York Non-profit business attorney fees. With a mediator, you may have control over the agreement instead of an unfavorable decision by a judge or jury.Mediation has been an increasingly popular procedure and can occur at any point in the legal debate. Here are some things you should consider whether or not it’s the right time to involve a mediator.

Cause:
If the other party suggests a mediator, it may be an effort by the opposing team to reconcile, you should accept. They settlement may benefit your team and your non-profit business. If you refuse to involve a mediator, advancement in a lawsuit can lead to the discovery of evidence that can be used against your organization. If you chose to mediate, be prepared; know the facts and laws regarding your position and provide adequate documents and information to persuade the mediator to understand your side of the story. If you are unable to clearly present your case to the mediator, the mediator will not be able to fight the other team to change its position. You don’t want to involve too many people in the mediation process. Include those who were directly involved and people with the power to make decisions. Prepare by listing all the possible events that may happen and how you will respond to each one.

Who will be the mediator?
The mediator’s role is to persuade each party, not intimidate and force a party into an agreement. A trusted and credible mediator has more power over a party’s decision than a mediator who will hammer them.

Mediation is a great alternative to reconcile business conflicts. If you are New York or New Jersey non-profit business owner dealing with a lawsuit (or possible lawsuit) and need more advice and information about mediation, don’t hesitate to contact Metropolitan Risk Advisory. We also offer advice and solutions to reduce and manage risks and costs to your New York or New Jersey Business as well as insurance for non-profit organizations.

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