”But do we have to go to Court...?”
One of the most common reasons people give to avoid confronting disputes in their life are the costs of the resulting conflict, and not just financial costs.
Litigation is invasive and often contentious - the process itself often destroys relationships and results in an artificial “winner” and “loser” when a more flexible solution may have created at least some value for both (or all) involved.
Enter the concept of “alternative” dispute resolution - resolving conflicts without suing each other. Resolutions tend to be interest-based and take into account the circumstances, resulting in sustainable solutions that can even improve relationships.
Someone trained in dispute resolution can help either by very effectively negotiating for you in an advocate role, or by taking a “third party neutral” role (often called a mediator or facilitator) where she does not represent any one party but instead helps them to reach agreements on difficult issues.
The process is voluntary, flexible, and completely tailored to each situation. Agreements as to some or all issues are put into writing and are binding on everyone who signs.
Costs can vary widely depending on the complexity of issues, preparation required, anticipated length of mediation, and whether any ongoing/future involvement by the mediator is contemplated. But early intervention dispute resolution will always be less expensive than litigation.
If you have a dispute and want to discuss our mediation/facilitation services, contact us to schedule a consultation to discuss what we can do to help.
Please do not share any information you would not want disclosed in the initial contact - if you decide to propose me as a mediator to the opposing party, I have found that full disclosure of any communications to that point helps overcome any initial skepticism that I have been biased by being contacted first by the other party.
Also, when acting as a mediator, I am not acting as anyone’s attorney or giving legal advice. I may give opinions on likely legal outcomes but any such statements are opinion only and not meant as legal advice to be relied upon. Additional explanation and clarification of my mediator role is provided in our intake materials, but it is important to be clear that even though I practice law as an attorney-advocate that my role is very different when acting as a third party neutral (such as being a mediator).
Breckan Law PLLC