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Why Choose Mediation Over Litigation

Why Chose Mediation Over Litigation?

When a party decides to file a legal action in Texas, he or she needs to consider what that choice entails. Fully litigating a Texas Court Case culminates in a trial and depending on the result at the conclusion of the trial may mean that one or both parties file an appeal.

If a person goes to trial to resolve their Texas Court Case, they are required to present evidence and arguments in front of a Texas Judge who decides the outcome of their case.  By evidence, this means that he or she will have to take the witness stand and testify in a courtroom where for example their former spouse or business partner is present.  For many litigants, this can be a very intimidating process that creates a lot of stress and anxiety. 

A courtroom is a public forum where a person most likely will be required to disclose personal and even private information about themselves as well as the opposing person or party.  Sometimes this information can be embarrassing. For example, in a Texas Family Law a person may be specifically asked about topics on direct and/or cross examination which involve disclosing sexual partners, their drug and alcohol abuse, or physical and mental abuse just to name a few issues that commonly arise in Texas Family Law cases. In addition, a person may need to have friends testify on his or her behalf as well as present exhibits such as financial records, medical records, reports from experts and school records if there are children involved.

If a person is represented by an attorney, it is the attorney’s job to pursue the result that the client desires.  Regardless of whether one is represented by an attorney, it is an adversarial process which in the end can create a lot of animosity between the parties involved. 

Further, when a person goes to trial, he or she is gambling on what the Judge might decide because a Texas Judge makes the final decision with regards to each issue in the case. There is always uncertainty about what decision will be made by a Judge, but regardless of the Judge’s decision – like it or not – both parties are bound by it.

On the other hand, when parties choose to mediate their dispute before a Texas Mediator such as Yes Mediate, LLC, both parties work together to make decisions about how to resolve their issues.  Mediation is not a trial, and no one testifies.  Mediation plays a major role in reducing adversarial Court hearings as well as potentially reducing the length of time that is required to bring a Texas case to its’ conclusion. Further, mediation is very cost-efficient and much less expensive than a trial.

In mediation, Yes Mediate, LLC assists the parties in openly discussing their issues in a private and confidential setting where both parties can explore mutually acceptable resolutions of their dispute. 

When an agreement is reached at mediation, Yes Mediate, LLC drafts a Meditated Settlement Agreement that both parties’ sign.  Neither party is required to go to trial and the final step is going before Texas Judge to have their agreement approved and made a part of a Final Judgment or Order.

Yes Mediate, LLC handles practice areas such as family law, contract law, personal injury, employment law, business law and intellectual property disputes. At Yes Mediation LLC we are neutral mediators whose desire is to help individuals focus on resolving their dispute without resorting to judicial intervention.

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