4 Signs You Need Legal Mediation - Bineham & Gillen

Family Law4 Signs You Need Legal Mediation

January 18, 2022by James Gillen

Signs You Need Legal Mediation

Legal mediation is a popular method used to find a legal solution to many, if not most, civil cases. Below, you’ll find a summary of as well as signs that may suggest you need this type of representation for your case.

What is Legal Mediation?

Legal mediation is the process of using a professional, no contract, third-party mediator to help two or more parties find a solution to a dispute. The third party doesn’t decide who “won” the case but instead promotes civility and understanding to reach common ground. Most legal mediation sessions are private and informal and take around a full day to complete. While a resolution between parties is not guaranteed, legal mediation offers a fast and cost-effective alternative to traditional litigation.

When to Use Legal Mediation?

While many cases are resolved through legal mediation, some are ineligible. Cases that involve criminal matters, for example, must be taken to court. For help with complex cases, contact Bineham & Gillen for an experienced attorney that can walk you through the process.

Bineham & Gillen can also assist you with non-criminal cases, which typically rely on legal mediation as the first resolution. Some of the most common include:

  • Family law
  • Neighbor disputes
  • Business contracts
  • Landlord vs. tenant
  • Probate
  • Consumer protection
  • Labor unions and management

If your case falls under one of the above categories, but you’re still not sure if you should use legal mediation, consider the following:

  • Parties cannot agree on their own

If you’ve noticed that one or more of the parties involved in your case are unreasonable or unwilling to agree on a solution, then pursuing legal mediation may help. A third party, such as our attorneys, will know how to read a tense situation and de-escalate it. They will also take a neutral, objective stance and encourage the contested party to see past disagreements and put information into perspective to resolve the issue.

  • Parties cannot afford significant court or attorney fees

Traditional litigation often starts at $5000 and can go up to $50,000 – and that’s just the initial fee. On the other hand, legal mediation typically ranges from $2,000 to $5,000. If you or any parties are concerned about affordability, legal mediation is a convenient alternative. At a lower cost, you not only save money but receive more control. With litigation, you must surrender the outcome of your case to a judge or jury. On the other hand, legal mediation gives you and the other parties the freedom to decide the outcome.

  • Maintaining relationships between parties is a priority

Litigation is often perceived as a “win” or “lose” practice, which can cause tension and hostility to rise between parties. Legal mediation, however, is often done in a peaceful and amicable setting. With the guidance of a legal mediator, all parties work together to formulate a fair and civil solution. Legal mediation takes the competition out of legal matters and helps protect the personal or business relationships involved.

  • Parties prefer privacy

If you’re considering litigation, be aware that all information submitted to the court or jury becomes part of the public record. Lawsuits are discussed in court, making them public situations that virtually anyone can find out about. Legal mediation offers a fully confidential alternative where all parties agree ahead of time that any information discussed within the process is not to be shared outside of the parties involved. Legal mediation is the best option for those that want to keep their case as private as possible.

Need a Divorce Attorney? Contact Bineham & Gillen

If you’re not sure whether your case is a candidate for legal mediation, contact Bineham & Gillen today. Our lawyers are always ready to help you better understand the legal process and provide necessary advice regarding the next best legal steps. We offer experience based on decades of compassionate and innovative solutions that have helped clients inside and outside of San Antonio.