The financial and emotional costs of litigation can be high for parties in dispute. Early mediation provides an opportunity to reach a settlement with the aid of a neutral third party— the mediator. The process can save the parties significant time and money. And there is little downside to early mediation— even if a case does not settle, litigants can learn more about the other side’s case and perspective and advance the process further toward resolution. As Matt Thiry notes, “pre-litigation mediation offers the parties the opportunity to keep their dispute truly private and is the chance to preserve relationships.” And Nigel Wright adds that for early mediation to be effective in resolving disputes, the parties should address the likely valuation of the claim or damages from a legal perspective, as well as the financial exposure to the parties, before the mediation. For Thursday of Mediation Week 2020, Miles has provided several articles, outside resources, and a co-sponsored CLE program: “A Discussion of Pre-Litigation Mediation and Mediation Early in the Litigation Process, and How to Plan and Prepare for Early Dispute Resolution.” See below.
Follow Mediation Week 2020 resources here and by searching for the official hashtag on social media: #MediationWeek2020.
For today’s feature webinar, Miles partnered with Mecklenburg County Bar to present a two-part program. This seminar builds on North Carolina’s 2019 Conflict Resolution Week program and addressees the availability and use of Dispute Resolution resources and guidance for how to handle tough situations faced by certified mediators. The experts will explore ethical dilemmas that certified mediators face in their practices and the value of early mediation.
Credit has been approved with the North Carolina State Bar, Board of Continuing Legal Education for 2.00 General credits.
PROGRAM 1: 2020 Amendments to the Dispute Resolution Commission’s Rules and Standards
PROGRAM 2: The Benefits of Pre-Litigation and Early Mediation.
Sat, Mar 30th, 2019 | by Miles Mediation and Arbitration
by Matt Thiry, Esq. Some of the key benefits provided by pre-litigation mediation are privacy, preservation of relationships, cost and time savings, and preserving business focus. Many of these benefits are very appealing to businesses, …
Read MoreFri, Jan 12th, 2018 | by Miles Mediation and Arbitration
By Matt Thiry, Esq. The parties have retained counsel, a lawsuit has been filed, and the parties are intertwined in what will likely be a costly and time-consuming battle where even the winner loses to …
Read MoreTue, Aug 25th, 2020 | by Miles Mediation and Arbitration
By Nigel Wright, Mediator & Arbitrator Construction defect claims are often resolved in mediation, frequently because it is a convenient forum in which to gather all of the interested parties to address liability, quantum, …
Read MoreWed, Sep 7th, 2022 | by Miles Mediation and Arbitration
By Matt Thiry As is true with other relationships, some business relationships do not stand the test of time. Whether it be the stress caused by weak financial performance, lopsided efforts, differing opinions regarding …
Read MoreTue, Sep 29th, 2020 | by Miles Mediation and Arbitration
By Nigel Wright, Mediator & Arbitrator In years past, insurers dreaded the advent of a trial at the end of a year. The thought was that juries were likely to be more generous with …
Read More
