Kentuckiana Mediation Attorneys
If you’re thinking about getting involved in Indiana civil litigation or you’ve been served with a civil lawsuit, you may imagine scenes of dramatic courtroom testimony and inspiring legal arguments resulting in a hard-fought jury verdict in your favor. If so, you’ll be disappointed. The reality is there’s little chance that will ever actually happen.
Of all the civil cases filed, very few are resolved through trials. It’s simply too expensive, too time consuming and too emotionally draining. If a case isn’t quickly dismissed because it’s baseless or due to a procedural problem, in all likelihood the parties will reach an agreement that includes some kind of compensation in exchange for the case’s being dismissed or withdrawn, never to be filed again. The costs and risks are normally too high to gamble a case’s outcome at a trial.
Indiana Mediation Can Benefit Both Parties
Though it may take some time, usually the parties are able to reach a negotiated agreement. In order to speed up that process or help parties hung up on a few very contentious issues, an outside mediator may be hired. If the case will settle at some point, reaching that settlement sooner rather than later can result in huge savings in time and money.
A mediator is a neutral third party who helps those involved reach an agreement and put their dispute behind them. It’s a type of alternate dispute resolution in which the parties reach the understanding that battling further isn’t in their interests. They’re better off reaching out to each other, hearing each other out and coming to a mutual understanding that allows them to move on with their lives.
How Indiana Mediation Works
Mediation can be a safe time and place to tell one’s story to the other side and feel heard, but in a way that doesn’t ratchet up emotions which can make settlement more difficult. The parties can meet together to try to work things out or be in separate rooms, with the mediator shuttling back and forth.
The parties make hard decisions about what they truly need before they can resolve the conflict and decide what other issues can be compromised. Mediation can be a place where creative thinking can result in a way toward settlement that wasn’t considered before. Both parties can map out alternate routes to where everyone can reach their goals while leaving litigation behind.
The parties remain the decision-makers at a mediation. The mediator may make suggestions and guide them to reconciliation, but ultimately the parties decide what they’ll do. The parties may have huge financial and emotional stakes at issue, but if litigation proceeds, they give up control of all that to strangers, the judge and jury. If you don’t want to risk losing it all at a trial decided by people you’ve never met before, you need to seriously consider mediation.
Mediation works extremely well in areas such as …
- Professional malpractice, including legal malpractice
- Personal injury claims
- Property disputes
- Business and contractual disputes
- Insurance disputes
- Estate/probate disputes.
If you’re involved in litigation just out of vengeance and a desire to inflict pain on someone you think wronged you, mediation isn’t for you. It requires thoughtful people willing to compromise and who see the value of their time and money accomplishing worthwhile and positive things. Using the court system to try to settle scores isn’t one of them.
Get Help with Your Indiana Mediation
Larry Church helps parties by using common sense in combination with the skills learned over the course of his legal career to help craft cost-effective and appropriate resolutions of disputes. Over the years he’s seen trial after trial, dispute after dispute, and he understands that mediation can be a much better way for all parties involved to end the conflict and get on with their lives.
Larry likes to say his job is to take the parties from trying to “compare apples to oranges” to a place where they can begin to “just compare apples” and determine the best possible settlement. This process takes compromise and patience, but it works as long as all sides come to the table with an earnest desire to resolve their issues.
If you find yourself fed up and stressed out because of the litigation process and you need help to resolve your dispute, give Larry a call. Typically, he can schedule a mediation session quickly and will work tirelessly to help you reach an appropriate resolution that allows both parties to move on.