What types of cases or disputes lend themselves well to being resolved by mediation?
Minneapolis Criminal Defense Attorney, James Johnson, talks about the cases that are best resolved by mediation.
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Actually, all cases. There isn’t a case out there that you can’t mediate, but the ones that benefit most by early mediation are the ones who are gonna be very expensive. Depositions can be very expensive. You’ve got the attorney’s time, the court reporter’s fee, and that’s just getting the evidence out, and then you have to have motions, and judges make pretrial rulings, and so it’s a cost effective way, again, of resolving a claim, but what you’re looking for, and I’ve mediated several cases, so I can serve as a mediator.
People don’t have to have lawyers in order to mediate, and the types of things that I’m looking for is, okay, what is your core issue, and then asking the other person what is their main sticking point for why they wanna have their day in court. Sometimes that day in court’s not gonna provide them what they really – they think it will, but it doesn’t, and so what we tried to do in mediation, where is the common ground? And where do they acknowledge what their weaknesses are in the case? And do they fully understand how much it’s gonna cost and what kind of time it takes? There’s a huge benefit, emotionally and financially, for getting the issue behind you and being able to move on with your life. And that’s why I get a lot of joy out of mediating cases successfully.