A Judge may recommend that the parties consider mediation or, more commonly, one party may simply propose, through their legal representatives to the other party and their legal representative, that the dispute be mediated. A proposal to mediate should not be seen as a weakness but merely as a willingness to explore the possibility of a resolution outside the procedural confines of litigation.
Many contracts contain mediation clauses. The purpose of the mediation clause is to require a good faith attempt at resolving any contractual disputes before litigation is initiated. If there is no mediation clause, the parties can still attempt to resolve their contractual dispute before commencing litigation.
If no contract exists or it is as dispute arising out of a tort such as a personal injury, there is no reason not to suggest mediation.
About the Author: Ken Strongman (www.kpstrongman.com) has years of experience and a growing national reputation as a mediator and arbitrator. He has successfully resolved more than a thousand disputes in the fields of construction defects, real estate, intellectual property, and employment. He is also a Mediator and Arbitrator for FINRA.
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