WHAT IS MEDIATION?
Although the attorneys at Douglas McDaniel & Campo are seasoned trial and appellate counsel, we have found that almost any legal dispute can be resolved if people are willing to sit in a room together and act reasonably – the essence of mediation.
During the mediation process, parties to a dispute attempt to resolve their differences by mutual agreement. A mediator is not empowered to force the parties to settle their case, nor does a mediator advocate on behalf of either party. An effective mediator bridges the divide between the parties, encouraging them to take a realistic look at their case and work to find a settlement that balances the risks, rewards, and expenses of moving forward with a lawsuit or arbitration proceeding.
That’s where we come in. Our lawyers have the real world background, legal experience and people skills to resolve even the most difficult disputes.
WHY MEDIATE?
In this day and age, litigating a case through trial is prohibitively expensive for most people. No matter how strong you think your case may be, victory at trial is never assured. Trials are unpredictable and risky, and can take years to get to a conclusion. Even when you get a judgment, it may not justify the expense as nearly 80% of money judgments in the United States are not collected. For this reason, Maine court rules require the parties in most lawsuits to put in a good faith effort to settle their case through alternative dispute resolution. Starting this process before a lawsuit is filed can keep legal costs down when both parties are willing.
A judgment at trial can also be appealed to the Maine Supreme Court (the “Law Court”), which will cause you to incur additional attorney fees and will likely delay the final resolution of your case for at least a year, at the end of which your favorable judgment may be reversed. Mediation is a vehicle for obtaining a prompt, cost-effective resolution that allows the parties to get on with their lives and businesses.
While it is true that some cases simply cannot be resolved prior to trial, in many cases a reasonable settlement is the right choice for all parties.
NEIGHBOR AND FAMILY LAND DISPUTES
In addition to the benefits of mediation described above, when the parties involved are neighbors, siblings or cousins fighting over their rights to land, mediation increases the opportunity to restore their relationship. In contrast, a judge can only address the discrete legal issue before them and, by declaring one party a winner and the other a loser, trial further tears apart the personal relationships. A skilled mediator can work with the parties to find creative solutions that are not constrained by the discrete legal issue. Because neighbors will have to live near each other long after the lawsuit ends, and family ties remain constant, resolving disputes through mediation can more successfully allow the parties to move forward.
We offer mediation services in the following areas:
Tom Douglas
Personal Injury, Employment Disputes, Business Litigation, Medical Malpractice
Sarah McDaniel
Boundaries, Easements and Adverse Possession, Family Lands, Probate, Civil Litigation, Real Estate
Ben Campo
Real Estate, Commercial Disputes, Foreclosure, Probate Contests, Construction Disputes