Legal News / Breedlove Law Firm

How Mediation Replaces Discord with Harmony in Legal Disputes

Via: ReleaseWire

Updated 10:28 AM CDT, Wed, June 19,2019

The benefits of mediation are that it is an inquisitorial rather than adversarial process, dealing with needs rather than rights. It places the affected parties at the heart of the dispute, creating opportunities for apology, acknowledgement and explanations, which the format of the court process does not allow.

Bossier City, LA -- (SBWIRE) -- 06/19/2019 -- For all parties involved in litigation, the process can mean anything from stress and anxiety to financial damage and a damaged reputation. These shortcomings with this adversarial format were identified in the US as far back as the 1970s, when a new approach was first mooted – mediation.

It was during the 1976 Roscoe Pound Conference in St Paul, Minnesota, that the adoption of non-litigious methods of dispute resolution was urged, captured in the seminal paper Perspectives on Justice in the Future. Through the 1980s and 1990s this gained traction with training and education in negotiation techniques becoming increasingly widespread, with various interest groups formed in Australia, the UK, Singapore and Hong Kong, and across Europe.

The benefits of mediation are that it is an inquisitorial rather than adversarial process, dealing with needs rather than rights. It places the affected parties at the heart of the dispute, creating opportunities for apology, acknowledgement and explanations, which the format of the court process does not allow.

"Mediation can be a hugely cathartic process for all involved, significantly increasing the chances of a satisfactory outcome for all," said a spokesperson for Breedlove Law Firm, a Louisiana-based law firm that specializes in civil and family mediation.

"Central to the negotiations is an unbiased and impartial figure whose sole dedication is bringing the two disputing parties into an agreement. Outcomes are not enforced and at no time does the mediator impose their views on either party; they are there to smooth out conflict and bring about a sense of harmony."

The value of mediation is clearly being recognized more widely across the US. Recent analysis suggests that a full trial takes place in only less than 5% of cases brought before courts in the US, with estimates pointing towards mediation producing a positive outcome in around 80% of cases. With time and cost savings added to the list of mediation benefits, it is unsurprising to see it becoming an attractive option for many.

"With the decision-making power put back in the hands of both parties – rather than imposed on them by a judge – mediation helps create a positive and empowered environment for any conflicts to be ironed out," added the spokesperson.

"This constructive, forward-thinking climate really focuses minds as both parties are energized by the onus being placed back on them to achieve a mutual solution. It is also a completely confidential arrangement – no audio/visual recordings are taken, nor are any discussions transcribed – and the mediator must securely dispose of any notes taken during the discussions."

Elsewhere, the involvement by mediators in increasingly complex cases is being put forward as further evidence of the growing uptake of mediation in dispute resolution. As this level of sophistication grows, so does the reputation of mediation as a viable method – making the approach increasingly desirable.

"While legal disputes are often bitter, emotional and unpleasant for all involved, mediation means that this can be significantly reduced, if not removed altogether," said the spokesperson. "This is being recognized by the legal profession, which is now equipping mediators with increasingly diverse and specialized skills, ensuring these avenues remain open to a wider range of disputes than ever before."

About Breedlove Law Firm
The Breedlove Law Firm is licensed to practice law in Louisiana and Georgia. Pamela N. Breedlove has been practicing law for over twenty-five years.

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