Mediation
“The most common way people give up their power is by thinking they don’t have any.” -Alice Walker
Mediation allows you to control your destiny. Any good lawyer will tell you that they have absolutely no idea what will happen once a case is submitted to a judge or jury. That is why many employment, civil cases, and business disputes are best resolved outside the courtroom. Every case has its own complexity and importance to both parties, which is why direct negotiations often fail. Mediation often leads to mutually acceptable outcomes that are far more favorable than the costs, risks, and publicity associated with continued, full-blown litigation. In mediation, the parties retain control of their resolution.
Basecamp Legal provides neutral, cost effective, and efficient methods to helping you settle your case. Mediation sessions are confidential and voluntary for all parties. If mediation is unsuccessful and an agreement cannot be reached, parties may still pursue all legal remedies, including private lawsuits.
We also provide business pre-nups because when you’re going into business with each other it is like you’re getting married. The “B-Nup.” Head off future disputes by talking about potential issues ahead of time with a facilitation session. Make sure everyone is on the same page before you go into business together so don’t have to experience a painful business divorce.
Mediation Through Video Conferencing
Most people are familiar with real-time video conferencing. It has been around for quite some time and works well. However, what you might not know is that you can also mediate cases via the same real-time video conferencing. We offer zoom mediations.
Services Provided:
- Mediation
- Neutral Fact-Finding Investigation
- Best Practices Audits
- Training
- Facilitation
Practice Areas:
- Operating Agreement Negotiations
- Discrimination and Harassment (Title VII, Section 1981, ADA, ADEA,FMLA, etc.)
- Retaliation
- Business Mediation
- FLSA (Wage/Hour)
- Non-Compete/Non-solicitation/Nondisclosure
- Breach of Contract
- Commercial Disputes
- Negotiation of Severance Agreements
- Professional Partnership/Practice Disputes
- Interpersonal Disputes
Mediation FAQs
Mediation is a voluntary form of conflict resolution that brings parties together with a neutral mediator who helps them work through conflict to find mutually beneficial solutions. A key point is that the mediator will not make a decision for the parties – the parties retain control of their own resolution.
If you do not reach an agreement, you have the same options that you had before mediation. Mediation does not remove your right to go to trial or to proceed to arbitration.
Typically, yes. If the parties reach an agreement in mediation, it is normally put in writing and signed by the participants. That signed agreement can affect the legal rights of the parties going forward.
Mediation isn’t about changing your mind – it is about giving you the opportunity to take control of your conflict. The mediation process offers parties an opportunity to express themselves and to find unique, creative solutions that aren’t offered by traditional litigation.
Mediation can occur at almost any time, even after a lawsuit has been filed. In most cases, it is best to mediate as early as possible so that the parties can avoid spending more time, energy and money on the conflict.
Lawyers are welcome, but not necessary. Attorneys can provide legal advice regarding your options and the effects of a signed agreement on your rights moving forward. However, some parties choose to check in with lawyers by phone or feel comfortable moving forward on their own. It is worth noting the mediator cannot be your lawyer. I can either represent you in a mediation, or mediate your case, but I cannot do both.
Yes. Mediators will not reveal the names of parties involved in mediations or any details about the situation. The only exception is if someone threatens physical harm to themselves or someone else during the mediation. Most mediators ask parties to sign a waiver stating that they will not subpoena the mediator or any written work from the mediation in court.
Mediation is, at its core, a voluntary process. However, many judges or statutes will mandate that parties attempt mediation because it is often successful and takes some of the burden off the court system. If you have been ordered to mediate, you are required to show up to the session and put forth a good faith effort. You are NOT required to come to a resolution.
Mediation is a flexible, informal process that can be tailored to the needs of the parties. Some sessions begin by bringing both parties together and allowing each the time to tell their story, while others are conducted with the parties in separate rooms and the mediator going back and forth between them. In joint sessions, mediators often use caucuses to meet individually with each party to have private conversations.
The goal of mediation is to allow the parties to have a guided conversation or for the mediator to be able to share enough information that the parties can work toward a mutually beneficial solution. Mediation can be a place to brainstorm new ideas or to negotiate traditionally, with each party modifying their offers as they gain more information. How the process unfolds is really up to the parties.