Mediation
Attorney McGowan is a skilled mediator who works with individuals, families, businesses and other attorneys with clients who seek mediation services.
Mediation is an informal and non-adversarial process. The goal is for the parties to work together and reach a resolution in a neutral space under the guidance of a mediator. Decisions reached in mediation are non-binding, meaning there is less risk; the parties can still pursue legal action if they are unhappy with the outcome.
Once you have decided on mediation, it is time to hire a mediator. Carefully review a mediator’s qualifications. Attorney McGowan offers unique experience as a trial attorney, mediator and arbitrator and is genuinely motivated to help parties resolve matters out of court.
A mediator’s role is to encourage the parties to move toward a resolution. A mediator may:
- Help parties identify problems
- Assess the strengths and weaknesses of each side
- Determine common interests
- Encourage joint-problem solving
- Help the parties agree to terms and draft a written settlement agreement
The mediator does not make recommendations about the direction of the agreement. The mediator encourages the parties to work together and provides critical guidance to keep the process on track.
In closing, mediation has many benefits. Because mediation results in a non-binding decision, it is a safer and less expensive alternative to problem solving. The parties also get a glimpse at their positions and the potential stress and costs of going to court.
A final advantage is mediation is about working together. Mediation can lay the groundwork for individuals and companies to address the problem at hand, then continue their relationship.