Going to a legal mediation can be intimidating if you have never experienced it before, even if you are being represented by a San Jose personal injury attorney. Many times you will hear rumors about what happens behind those doors, but not all of those rumors are true. Let’s take a look at the myths and present the facts.
Myths vs. Facts in Legal Mediation
Myth 1: One party will take control of the mediation session.
The fact is that a mediator is a professional who understands the balance that needs to be maintained during a session. The mediator will be tuned into the power balance between both parties and call a stop to the session if one is trying to take control over the other. Your San Jose personal injury attorney will also not allow the neutral power balance to shift to one party.
Myth 2: It is easier to hire a San Jose personal injury attorney then it is to go to a mediator.
The fact is whether the parties hire an attorney or attend mediation sessions, there will be several meetings between the parties. In these meetings, there will need to be information gathered and decisions made. Mediators can help to facilitate these decisions, and the process can be quicker than going to court.
Myth 3: The female party would be at a disadvantage in a mediation session.
The fact is that no one is at a disadvantage, or an advantage for that matter, in mediation. Attending mediation allows the couple to have a free space to discuss matters and come to an agreement. If a female party feels uncomfortable at any point, she is able and allowed to stop the session. She can also refuse to sign any agreement that she deems is unfair.
Myth 4: Mediation draws out the legal process, making it take longer to reach a decision.
The fact is that mediation actually works to streamline the legal process. Court proceedings can tie both parties up for a much longer period of time. If both parties are able to agree through the mediation sessions, then their case will be resolved within a much quicker time line.
Myth 5: Mediation is for those who do not stand their ground.
The fact is that mediation is not for those who are just looking to roll over and agree. Both parties are allowed to stand up for what they feel they deserve from the other. Mediation will allow the parties to communicate respectfully to come to an agreement that both parties feel is fair.
Myth 6: All attorneys are experienced in mediation and support the decision to go.
The fact is, legal mediation is still a fairly new concept in the legal world. Many attorneys are used to battling each other in court rather than communicating freely across a table. However, as mediation is becoming a more common means of solving disputes between parties, attorneys are learning and adapting to the process. If you are interested in mediation to settle your dispute, look for an attorney who is mediation-friendly to help you with your case.
Myth 7: Attorneys do not belong in a mediation session.
The fact is that attorneys do belong in a mediation session to help support your interests. An attorney can help you to understand any legal issues that may arise and also help you and the other party come to a solution that neither of you may have considered. Your attorney can also help you fill out any necessary paperwork when the settlement has been reached.
Myth 8: The mediator makes the final decision.
That fact is that you and the other party will come to a fair agreement. The mediator is there to help you negotiate an agreement that you both feel comfortable with.
Myth 9: Mediation is the best place to settle your dispute.
The fact is that mediation does not work for everyone. You and the other party need to be prepared to communicate calmly with each other, be open to compromising, and agreeing on a solution.
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Call Costanzo Law Firm, APC at (408) 993-8493 for a San Jose personal injury attorney who will fight for what you deserve!