Litigation is a duel between warring factions. The attorney is the champion for his/her client and uses whatever weapons are in the attorney’s arsenal to win the war. There are many battles between the parties before one is declared the winner by the judge. Mediation is a process wherein an impartial mediator facilitates discussion between the parties to arrive at a solution, which is satisfactory to all.
Any kind of case can be mediated. In the commercial setting one can mediate cases as different as breach of contract and employment discrimination. In the construction industry all areas of dispute involving the construction of both commercial and residential buildings can be mediated including damages for delay and poor workmanship. Issues involving home improvements can also be mediated. In family matters, parties can enter into divorce mediation to reach an agreement prior to going to court. Families can mediate issues involving custody of children as well as issues relating to aging parents. In probate matters, families can mediate any disagreements relating to undue influence and will contests. As long as all parties involved agree to mediate there is no limit on the type of matter that can be mediated.—Linda F. Spiegel, Esq., NJ Court Approved Mediator and Arbitrator, Law and Mediation Office of Linda F. Spiegel, Esq.