Types of Law for which Mediation Can Be Used | New Jersey Traffic ...

Mediation is an alternative to taking a case in court. Sometimes, a contract will require mediation before anything can be taken to court. And mediations do not always end successfully with an agreement, because they are voluntary, unlike a court proceeding, which will almost always end in a verdict of some sort. But not all cases are appropriate for mediation. So which kinds of legal situations can be mediated, and which are more appropriately left to the traditional legal process?

Criminal Cases ? Criminal cases cannot be mediated. Mostly, this is because prosecutors do not engage in mediation. Compromises and discussions in criminal cases revolve around the plea agreement process. So, while it is possible to negotiate alternative agreements with a prosecutor, they are much more limited, and the prosecutor really holds too much power for mediations to be successful.

Civil Cases ? Almost all civil cases can technically be mediated, but the appropriateness of different types of cases for mediation varies widely. Contracts disputes are often mediated, because the most important thing to each party is usually money, which can be most efficiently settled out of court. But more emotional cases, such as torts and family law cases, can also be mediated. In fact, mediation can be a therapeutic way of dealing with these types of cases, and can also be less painful in that they are generally much quicker than a legal proceedings. However, it may be painful or impossible to negotiate if a situation is particularly emotional, making mediation difficult, unpleasant, or simply futile.

The most commonly mediated legal cases are dog barking and similar neighbor disputes, because they are not worth the cost of going to court, and because having a judge rule one way or the other does not provide for a wide-enough range of options in resolving the dispute. Many attorneys will help you with mediation, and most will look over an agreement you form during a mediation or give you advice about your options, which may be useful.

This information is not intended to be legal advice.

Source: http://www.notguiltynj.com/types-of-law-for-which-mediation-can-be-used/

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