There are three main methods of mediation: court-ordered, post-filing and pre-litigation. Of these three types of mediation, pre-litigation mediation offers the greatest amount of privacy and is a viable alternative to incurring the economic and emotional costs of litigation.
The right to have your dispute resolved through trial is a Constitutional guarantee in the United States. As a result of the legal community’s recognition that courts are adversarial institutions, that litigation is costly, lacks privacy, and is not conducive to preserving relationship investments, the right to trial as a method of dispute resolution is often waived contractually or through other agreement. This has led to increased use of alternative dispute resolution at the pre-litigation stage.
Pre-litigation mediation is often recognized as the best opportunity to resolve a dispute. Pre-litigation mediation not only saves businesses time and money, but also allows principals to retain privacy and avoid public scrutiny, to work together to amicably settle disputes, and to preserve relationships. If your business in on the verge of disagreement in a valued relationship, considering pre-litigation mediation and neutral evaluation is an investment worth considering.
Greg Johnson is a North Carolina Dispute Resolution Commission Certified Superior Court Mediator. He has two decades of litigation experience in state and federal cases. He provides neutral conflict resolution for disputes through neutral evaluation, through pre-litigation mediation, post-filing and as required by a court’s trial order. At Ferikes & Bleynat, we believe that pre-litigation mediation offers flexibility, privacy and cost savings. Call us today to find out how we can help you and your clients at the pre-litigation stage.