Mediation Is Often An Effective Alternative To Litigation

The right to a fair trial is a cornerstone of the American legal system. Still, many civil (noncriminal) matters like divorce and custody, personal injury claims, business disputes and other disagreements can be entirely or partially addressed outside of court using mediation.

In Tennessee, the courts often require mediation before trial. Local rules and individual judges may mandate mediation as a way to facilitate settlement and reduce court backlog. It’s not universally required for all cases, but it’s common and can lead to a fair resolution.

We Facilitate Solutions

Capps & Byrd LLP can be a crucial part of the mediation process, often working with out-of-town attorneys or unrepresented parties interested in avoiding litigation, such as a couple planning to divorce amicably. Regardless of the mediation format and parties involved, the mediator’s role is to help those involved communicate effectively, identify interests, explore settlement options and work towards a mutually agreeable resolution without imposing their own judgment or decision.

Two lawyers who are each experienced with the mediation process lead our firm. In fact, Chris Capps is a Rule 31 certified mediator by the Tennessee Supreme Court, which requires 40 hours of training. The certification means that he adheres to standards of professionalism and confidentiality set forth by the Tennessee Supreme Court.

7 Benefits We Often See

The details of each dispute are as unique as the people and businesses involved, but the benefits we see repeatedly include:

1. It’s tailored to your situation: The method and priorities can be customized to fit the dynamics of your particular situation, allowing for a process that feels right for both parties involved.
2. You control the outcome: The two sides maintain more control over the results of your dispute, as opposed to having decisions made by a judge who will not live with the consequences of their ruling.
3. Cost-Effective: Typically, mediation is less expensive than a court battle. This benefit can be crucial if, for example, a couple planning a divorce needs to create a second home while earning the same amount of money.
4. Less stress: The informal setting outside the courtroom can reduce the emotional strain often associated with formal legal proceedings.
5. Improved communication: Mediation encourages open dialogue that can lay the groundwork for better communication in the future, which can be particularly important for couples planning to co-parent or business partners who plan to continue working together.
6. Swift resolution: Mediation often leads to quicker resolution, letting you move forward more quickly with your life and plans.
7. Privacy: There is no public record since the couple negotiates outside of court, which means the settlement, financial arrangements, unflattering details and other sensitive facts remain private.

In going through the process, clients often find other advantages not previously considered when they choose mediation.

Moving Forward To A Better Future

At Capps & Byrd LLP, our lawyers stand ready to support our clients through mediation or litigation. We believe in empowering you, the client, to make informed decisions about your future. We are here to guide you every step of the way, whether the case involves family law, personal injury claims, business disputes or some other area of law. We also offer a flat fee arrangement for family law matters. Call us today at 423-616-1921 or contact us online. Hablamos español.