When faced with a contract dispute, mediation is a way to save the legal costs for a formal trial, motions, and negotiations. It also expedites the entire process by avoiding various filings back and forth. Typically, both sides to a contract dispute would get an attorney to represent them and work with the mediator.
If you are involved in legal battles over an alleged breach of contract, contact a skilled lawyer at Sparks Law. Our attorneys are experienced at representing clients in mediation for contract disputes in Georgia and could help you seek a positive resolution.
Typically, our lawyers would take one or two days to prepare for a mediation by gathering case files, getting a good idea of how the numbers work out, and assessing an appropriate amount for a settlement agreement. Then, each party would sit with their attorney and the mediator to separately discuss their interpretation of the case. The mediator goes between the two parties and their legal counsel, communicating offers and hopefully coming to a settlement agreement.
The total cost for mediating is typically between 5 percent and 30 percent of what it would cost for one to go through the traditional courtroom litigation. A typical litigation can easily take two years or more, but mediation can resolve a case within a month or two, depending on how soon the parties can get to the mediation table.
Usually, the mediator is an expert on the subject matter, such as a lawyer or judge. It is best to have a lawyer with litigation experience on one side or another, and it is also a good idea to seek a mediator who cares about settling the case. A mediator must be able to make compromises to end the dispute. The experienced attorneys at our Georgia office could further advise on seeking a mediator in a contract dispute case.
A good mediator should have several qualities, such as the following:
The biggest pro of using mediation is that it can save money and time. The con is that a party may be able to make more if they extensively litigate the case in court. A judge or jury may give more money, but it will also take more time to receive that money.
Another con is that the other side might use mediation to their advantage. They may try to get a better idea of the case and prepare for litigation. A well-versed lawyer at our firm could advise on whether mediation is a good idea for a particular contract dispute and help protect a party from these types of bad faith actions.
An attorney is crucial at a mediation to help explain what is important and protect your best interests. At mediation, you need experts who are less emotionally involved in the matter and can help guide through the process. Lawyers may also have a working relationship with the mediator and could use this to your advantage.
If you are considering mediation for a contract dispute in Georgia, work with an experienced attorney at our firm. Call Sparks Law today to set up a consultation and learn more about how we could help you.