Mediation can be an effective way to avoid lengthy, drawn-out, and costly litigation. It is often beneficial to consider mediation or other forms of alternative dispute resolution before initiating a court case. Even if a case has already been filed, mediation can still be used at any stage to reach a settlement.

Lerch Early attorneys not only represent clients in mediation but also act as mediators by court appointment or through private engagement.

What is Civil Mediation?

Mediation is a form of alternative dispute resolution where the parties work together with a neutral third-party mediator to resolve any number of issues, including business and individual disputes, both in commercial and estate/probate matters. 

The main benefit of mediation is that it gives the parties the opportunity to come up with their own resolution with each party’s primary goals in mind. Mediation may be done in one long session or in multiple sessions.

Why You Should Try Mediation Before Proceeding With Litigation

Mediation offers many advantages over litigation, such as:

  • Avoids the substantial expense of a contested court fight;
  • Often concludes faster than contested litigation; and
  • Allows for creativity in achieving a settlement that may not be available in court.

What is the Role of a Lawyer in Mediation?

Each party can and should have the advice of its own counsel. In advance of mediation, the lawyer educates the party as to their rights and obligations under applicable law, explores the party’s primary objectives, and provides strategic advice. At the mediation session, the lawyer advises and assists the party in reaching a reasonable resolution.  

The mediator does not represent either party and cannot give legal advice, but can provide feedback on the strengths and weaknesses of the case as a neutral participant. The mediator assesses the global situation, suggests options for resolution, and facilitates a compromise.

Why Work With One of Our Civil Mediation Lawyers

Lerch Early’s litigation lawyers represent their clients in mediation and are available to serve as civil mediators. With a deep understanding of both sides of the mediation process, our attorneys can guide you through the process to achieve your goals.

Representative Civil Mediation Matters

Lerch Early Principal Trish Weaver is regularly appointed by the Circuit Court of Montgomery to act as a mediator and has settled the overwhelming majority of cases she has mediated.

Recently, Trish settled a case with claims and counterclaims based on misappropriation of trade secrets, breaches of restrictive covenants, and unfair trade practices. Over the past year, she has settled cases spanning the gamut of civil litigation, including those based on contracts, business torts, or alleged physical injury.

Get Started With Civil Mediation

Contact a Lerch Early civil mediator to find out if the mediation process is right for you, your family, and your business.

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