Disputes can arise for many different reasons; however, litigation may not always be the best solution. The process of mediation benefits parties by providing a confidential setting where both sides in the dispute can discuss their interests, needs, risks, and options, without the formal rules of a courtroom presentation. Mediation can be a highly successful approach to legal disputes because all participants involved work to come to a resolution together. If you’re wanting to avoid the frustration of a potentially time-consuming and costly lawsuit, mediation could be the right alternative.
If you are considering mediation after a legal dispute has arisen, contact the mediation lawyers at Gausnell, O’Keefe & Thomas, LLC in St. Louis. With decades of experience and a reputation for excellence and results, we can help you resolve the dispute through mediation to achieve the best possible outcome for all parties.
Mediation
Disputes can arise for many different reasons; however, litigation may not always be the best solution. The process of mediation benefits parties by providing a confidential setting where both sides in the dispute can discuss their interests, needs, risks, and options, without the formal rules of a courtroom presentation. Mediation can be a highly successful approach to legal disputes because all participants involved work to come to a resolution together. If you’re wanting to avoid the frustration of a potentially time-consuming and costly lawsuit, mediation could be the right alternative.
If you are considering mediation after a legal dispute has arisen, contact the mediation lawyers at Gausnell, O’Keefe & Thomas, LLC in St. Louis. With decades of experience and a reputation for excellence and results, we can help you resolve the dispute through mediation to achieve the best possible outcome for all parties.
Mediation Lawyers
What is Mediation?
Mediation is a process in which a neutral third party facilitates communications between the parties to facilitate and promote settlement. Mediation examines the underlying causes of the problem and looks at what solutions best suit each participants’ unique needs and interests. Mediation can provide a neutral and protected environment to help parties explore and understand the other’s stance and to work out an agreement together without the escalating hostility a lawsuit could bring.
What Happens in Mediation?
The mediator oversees the issues using a structured step-by-step approach to problem-solving but does not offer legal advice or make decisions for the participants. Participants may consult with other professionals to discuss options during the mediation, and once a solution is reached, the parties are encouraged to seek the advice of their attorney to review the draft of any proposed agreement.
Mediation cannot guarantee settlements, but, unlike a rushed negotiated settlement in court or a court-imposed order unsatisfactory to both sides, mediation can offer all parties the opportunity to develop an agreeable resolution for all. Because the parties make the agreement together, it provides finality and a customized solution to address all issues. Also, the process of working things out in mediation is an experience that you and the other party can draw upon if you run into problems again in the future.
When Is Mediation Used?
Mediation can be used in various legal matters and is commonly used in personal injury, construction, commercial transactions, and employment contracts, among others. Businesses may run into conflict with neighboring businesses, employees, customers, vendors, or with their own business partners. Because of this, they may benefit tremendously from using mediation rather than litigation to resolve conflicts.
Mediation may be used:
- For one or more issues of a dispute or can be used to establish a complete resolution of all issues
- At any point in the proceedings of a settlement negotiation or of a litigated case
- Even before a conflict exists in order to negotiate any type of future transaction
Meditation Benefits
There are many pros to mediation, some of which include:
- Privacy – Unlike most court cases, which are matters of public record, most mediations are confidential.
- Avoids hostility – Mediation looks to the future. It helps end the problem cooperatively allowing the parties to continue to have a business relationship in the future if desired.
- Higher satisfaction – In mediation, the responsibility and authority for coming to an agreement remain with the parties in conflict. Because of their active involvement, all parties have a higher commitment to upholding the agreement than those who have a judge decide for them. Participants in mediation report higher satisfaction rates than people who go to court.
- Usually cheaper than litigation – The court process can be expensive; however, resolving a dispute through mediation is usually far less costly than proceeding through litigation.
- Quicker than litigation – Years may pass before a case goes to trial, while a mediated agreement may be obtained in a couple of hours or in sessions over a few weeks.
- Flexibility – There are no strict rules of procedure in comparison to court procedures that cannot be adjusted. This flexibility allows participants to find the best path to agreement. Mediation can deal with multiple parties and a variety of issues at one time.
What Happens After Mediation?
The vast majority of mediations result in a resolution. In this case, you’ll leave with a signed agreement or a signed memorandum setting out what you and the other party have agreed to. You have the choice of making the agreement enforceable in court or not — many people want to be able to ask a judge to enforce the agreement in the future if the other party doesn’t live up to the agreement.
If you don’t reach a resolution in mediation, you haven’t lost anything. You still have the option of taking legal action if that’s what you feel you need to do.
How Our Mediation Attorneys Can Help
GOT Law co-founder and principal attorney, Seth Gausnell, is a panel member on Lexitas‘s local mediation/arbitration panel and provides the highest level of service for any dispute needing resolution. Also, GOT Law co-founder and principal attorney, William Thomas, is a panel member of the American Arbitration Association where he serves on the AAA National Roster of Mediators, which is comprised of distinguished judges as well as leaders in the legal and business communities. Members are required to adhere to the AAA Mediators Model Standards of Conduct developed by the AAA, the American Bar Association (ABA), and the Association for Conflict Resolution.
St. Louis Mediation Attorneys
The mediation lawyers at Gausnell, O’Keefe & Thomas, LLC are committed to helping you achieve the most beneficial outcomes and bring fair solutions to your legal disputes. Contact us today to find out how we can help.
Why Choose Us?
Quality
The quality of our work comes from years of experience, knowing what works and out-working our opponents to get the job done.
Professionalism
The lawyers of GOT place respect for the courts, the Bar and the legal profession as their highest obligation.
Experience
Together, the founders of GOT have tried nearly 250 jury trials to verdict. With that level of experience comes an entirely different perspective on civil litigation which few other firms can match.
Honors
Recognized by Martindale-Hubbell, the gold standard in attorney ratings, as AV rated, their highest ranking for strong legal ability and high ethical standards, along with Best Lawyers and Super Lawyers as top performers in their fields.