Fargo, ND Mediation for Civil Disputes
Most parties to a legal dispute generally want to have their day in court to ensure their story is heard and respected, and to be fairly compensated for their loss or injury. Unfortunately, going to trial does not always provide that. In addition, the litigation process can be costly and is often stressful, particularly for those who need a resolution to move forward with their lives or business dealings. Mediation offers a less contentious process and can provide a more favorable outcome for all parties. Mediation can take place before a court case is filed, in an effort to prevent litigation, or at any point during a court case, in hopes of achieving settlement and avoiding a trial.
The attorneys of Fremstad Law are experienced in resolving civil disputes through mediation, by serving as neutral mediators or as advisors for clients in mediation.
What Does a Mediator Do?
In mediation, all parties work with a neutral third party, the mediator. The mediator is not a judge and does not issue a binding decision like a judge does. Rather, the role of the mediator is to meet with the parties and their attorneys to identify disputed issues and facilitate communication to work toward a resolution. If the parties reach an agreement, the mediator can document that agreement for the parties’ signature, and a judge’s signature if the parties are already involved in a court case.
What Types of Disputes Can Be Mediated?
Nearly any type of dispute that can be the subject of a lawsuit can be mediated. Most lawsuits end in settlement; mediation is an effective way of achieving settlement. Fremstad Law offers legal mediation services for all types of civil (non-criminal) disputes, including:
- Business and commercial
- Construction
- Insurance
- Business partnership disputes
- Personal injury
- Real estate
Not all mediators are attorneys, but it is helpful to have an attorney as mediator, because an attorney mediator is more likely to have an in-depth understanding of the legal issues confronting parties to a dispute.
At Fremstad Law, our mediators have litigation backgrounds and have frequently represented clients in court on both sides of commercial, personal injury, insurance, and other disputes. This breadth of experience enables us to avoid bias and remain truly neutral so as to offer the most effective mediation support.
Advantages of Mediation
Mediation offers numerous advantages. Mediation sessions are not restricted to the court’s timetable, meaning that it often yields a quicker resolution to disputes so that parties can move forward and put the dispute behind them.
By design, it is less contentious than litigation. That typically makes it a better choice for parties who need to deal with each other going forward, such as companies that regularly do business with one another, or simply people who would prefer to avoid the stress of a lawsuit.
It allows the parties to a dispute to have more input into what the resolution will be. That means that they can come up with more creative options than a judge would, and customize those options to their needs. As an added bonus, people who mediate and have more control over the outcome of their dispute tend to be more satisfied with that outcome — and less likely to end up back in court for non-compliance.
Last, but certainly not least, mediation usually costs less than going to court. If mediation takes place before a lawsuit is filed, or early in the litigation process, it can save thousands of dollars in legal fees. While it is not ideal in every situation, it often provides an excellent option for resolving disputes outside of a courtroom.
Fremstad Law: Fargo, ND Mediation Services
At Fremstad Law, our experienced mediators help people reach resolution of a wide range of civil disputes. Mark Western is one of the few licensed attorneys in North Dakota that have been accepted to the Statewide Alternative Dispute Resolution (ADR) Roster of Neutrals to mediate civil lawsuits. In addition, he has also been accepted by the Minnesota Statewide ADR Roster of Neutrals.
He offers mediation services for both Minnesota and North Dakota matters and will travel outstate for mediations. Additionally, he is able to offer mediation services via Zoom or other remote means.
If you are seeking a mediator to help reach a settlement agreement, or need a mediation attorney to advise you in dispute resolution, we invite you to contact Fremstad Law to schedule a mediation consultation.