YOU CAN WIN MORE THROUGH MEDIATION THAN A LAWSUIT IN COURT!
© Nelson Moyle 2007
Most people believe if they prevail in a lawsuit, they are home free. This is far from the truth, says Nelson Moyle, business owner, mediator, and divorcee, holding approximately a half a million in judgments and spending a similar amount in legal costs. “I would love to cash in the judgments I have been awarded!” but it’s not that easy. Why? Judgments only grant monetary awards. That sounds good right? Wrong! A judgment is a piece of paper granting legal permission to spend more time, researching assets. At the end of this process, if you get to the end, expenses total more than the initial amount exhausted in acquiring the Judgment. Over 80% of judgments are not collected. Judgments do not enforce payment they define them. The reality is you are paying dollars for an opportunity to pick up pennies. This is not a sensible or wise business decision. In most cases it becomes advantageous to begin the mediation process.
Mediation has a considerably higher success rate because both parties choose what they want as opposed to being told. All of this is done in good faith, thus placing the responsibility on the individuals with the greatest understanding not the deepest pockets. Brainstorming, effective communication and peaceable offers are made. In mediation the truth cannot be manipulated to paint a one sided picture because both, opposing parties are present. This kind of arbitration is a duplication of the checks and balance system written into the constitution Of the United states. The mediator becomes the third party and key person. He is there to ensure that all participants act according to the dictates of their own conscious. If this is not the case it will not matter because the mediator safeguards any tendency to be unethical simply by being present.
The most appealing aspect of mediation is the out come does not determine the mediator’s payment for services rendered. The fee is set regardless of the outcome. This eliminates any temptation on the part of the mediator to manipulate truth to one side or the other. It’s a win win situation for all.
Seldom are concerns just about money. Apologies soften animosity between parties and open doors for validation and retribution. Payment plans are negotiated, credit for services rendered, and complete understanding and reasoning for all is obtained. Through this process, lengthy disputes can be quickly settled avoiding costly litigations, collections and stress. Further, when a party agrees to settle at the mediation table, what is agreed upon is more likely to materialize. Again, both parties will generally comply when involved in the decision-making process rather than a Judge or Arbitrator dictating the outcome. It is quite common to see a check handed to the other party at settlement.
“I still have yet to see someone voluntarily offer the prevailing party a check at the end of court,” says Elle Cox, Attorney at Law.
Is there a downside to Mediation?
No, Everything used in Mediation is confidential and the mediator cannot be called into court after the fact, to testify for any reason.
Can I have my attorney involved?
Yes, you can consult with your attorney at anytime or have them present at the mediation process.
Is Mediation mandatory at times?
Yes, as of 2005 in the state of Utah, all contested divorces are required attend mediation.
HOUSE BILL 4 Utah code 30-3-39, If there is a contested issue when filing for divorce, whether it’s over property, custody, visitation rights or another matter, all parties must participate in at least one session of Mediation.
Example; MOST MERGERS FAIL BECAUSE COMPANIES DO NOT SET UP A JOINT COMMITTEES TO DEAL WITH QUESTIONS THAT ARISE. People just say, “Oh, we’ll work that out when it happens, those are the details.” That’s right and those neglected details become the catalos to huge lawsuits. Most people are misinformed and believe a signature mandates the contents of a contractual agreement to be carved in stone. This is not true, because of ever changing circumstances constant communication of such details is necessary. Lack of attention to seemingly insignificant matters can become a breeding ground for huge conflict. Weather it is nations, corporations, or individuals, communication and a willingness to work together is vital to success. A mediator, committee or third party creates a key cornerstone upon which all other entities may rely. A mediator is the man on the watchtower able to identify and resolve challenges before they become problematic.
Nelson Moyle has been in Mediation since 1999. Educated in California by Coast-to-Coast Academy in Divorce and Family Mediation as well as completing a more recent training with Utah Dispute Resolution. Moyle has also taught the mandatory divorce classes ordered by the court for divorcing couples with children. Moyle established, co-owned and directed Mediation USA in 2000 where he mediated several hundreds of hours with clients. Moyle hosted a mediation talk show on KIQ radio for 1 hour on a weekly basis. He has also created, taught mediation and contract classes and is currently writing a book with a course for couples preparing for marriage. He performs marriages for UtahWeddings.com. and has a B.S. degree from Westminster College. Se Habla Espanol. Parle Francais.