Mediation

Not every dispute needs to be resolved in a courtroom. Mediation offers parties an opportunity to work toward a resolution in a more flexible, private, and often more efficient setting. Inosencio & Fisk, PLLC, includes mediation within its Alternative Dispute Resolution practice and describes it as a process in which a neutral individual helps parties attempt to reach a settlement outside of court. The firm emphasizes helping clients understand the mediation process and make thoughtful, well-informed decisions regarding possible settlement.

According to the firm, the mediator is chosen by mutual agreement of the parties and meets with them to discuss the issues in dispute. Unlike a judge or arbitrator, the mediator does not issue a binding decision or opinion. Instead, the mediator’s role is to help the parties communicate, explore compromise, and work toward a mutually acceptable resolution. The parties are not required to settle at mediation, but if they do, they typically sign a written settlement agreement that becomes a binding and enforceable contract.

Mediation can be especially valuable when parties want more control over the outcome, hope to resolve matters efficiently, or wish to avoid the time and expense of full-scale litigation. Inosencio & Fisk states that it has experience representing clients throughout the mediation process and takes pride in equipping them with the information necessary to make sound decisions. Whether the dispute involves business issues, civil litigation, real estate matters, or another conflict, mediation can create an opportunity for resolution without the uncertainty of trial. With a practical and client-focused approach, Inosencio & Fisk helps clients prepare for mediation, evaluate settlement possibilities, and protect their interests while working toward a meaningful resolution.

Resolving Disputes Without a Trial

Mediation lets the people involved in a dispute decide the outcome themselves instead of leaving it to a judge or jury. It is private, it is usually faster and less expensive than trial, and it often preserves business and family relationships that a lawsuit would damage. Many Michigan courts order civil cases to mediation or facilitation before trial.

How mediation works

1. Choosing a mediator. The parties agree on a neutral mediator, often an attorney with experience in the subject of the dispute.
2. Preparation. Each side usually submits a summary of the facts, the issues and its position.
3. The session. The mediator meets with the parties, often in separate rooms, and works back and forth to narrow the issues and explore settlement.
4. Agreement. If the parties settle, the terms are written down and signed. A signed mediated settlement is a binding contract.

Disputes that are well suited to mediation

• Business and partnership disagreements
• Construction and contract disputes
• Real estate, boundary and easement disputes
• Landlord and tenant matters
• Estate and family property disagreements
• Civil lawsuits that have already been filed

Representing you in mediation

Our attorneys represent clients throughout the mediation process. We prepare a clear presentation of your position, help you understand the strengths and weaknesses of the case, and advise you on whether an offer makes sense compared with the cost and risk of going to trial. You make the final decision, with all the information you need to make it.

Arbitration

Arbitration is another form of alternative dispute resolution. Unlike a mediator, an arbitrator hears both sides and issues a decision, which is usually binding. Many contracts require arbitration. We represent clients in arbitration and can advise you on what an arbitration clause in your contract means before a dispute arises.