Western Michigan Mediation Services
People facing the prospect of litigation often wonder if their case is appropriate for mediation. Nearly any type of case can be mediated, but the best cases are those in which the parties are unlikely to reach a settlement agreement on their own. After all, if the parties and their attorneys are capable of reaching a settlement, there is no reason to pay a mediator to get involved. Conversely, if for some reason there is absolutely no possibility of a settlement, the parties may want to focus on preparing for trial instead. This is especially true since mediation may take away the element of surprise by disclosing a party’s best trial arguments in advance.
However, when settlement is at least a remote possibility, mediation can bring the parties together and get the deal done. Common types of lawsuits that end up in mediation include breach of contract disputes, injury and tort cases, wrongful termination claims, family law matters, and more. Cases that are not appropriate for mediation include OWI and criminal charges, bankruptcy, deportation and related immigration matters, disability appeals, and any other types of cases prosecuted by the government. Cases that do not involve an active dispute, such as estate planning matters or real estate transactions, are also not good candidates.
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