Mediation Law Firm Serving Madison, Macoupin, Bond, Greene, Jersey, Calhoun Counties In Illinois
MillerKing LLC offers professional mediation services in a variety of lawsuits, civil cases, or legal disputes, such as personal injury, wrongful death, asbestos or mesothelioma, toxic tort, malpractice, employment, municipal, school law, probate, trust, real estate, family law, business, contract, and other general civil cases throughout Central Illinois, Southern Illinois, and St. Louis Metropolitan Area.
MillerKing LLC is located in a renovated building of 10,000 square feet in historic Alton, Illinois, which is along the Mississippi River. The office space, which is comfortable and spacious, may accommodate large groups or multi-party litigation with confidential settings and conference rooms. In addition to in-person mediations, MillerKing LLC is capable and proficient at conducting mediations remotely or virtually utilizing modern technology. The mediators are willing to travel as well.
Mediation is a simplified and modern way to negotiate and settle disputes. Mediation can be defined as a non-binding alternative dispute resolution (ADR) process to settle and resolve lawsuits, civil cases, and legal disputes. A mediator is appointed or selected to serve as a neutral third-party, trained in the law and dispute resolution process, to resolve conflict and bring closure. Mediation is a modern, constructive, and preferable method to resolve and settle disputes. Many judges, judicial or court systems, attorneys, and people choose to use mediation.
Mediation occurs generally outside of the public courtroom or courthouse in a confidential and less formal setting. The parties benefit from greater involvement, creativity, and flexibility with the negotiations and potential settlement agreement. Mediation is typically non-binding, which means that each party retains and keeps the right to enter into a settlement agreement or reject a settlement agreement. Mediation occurs sooner or quicker than a trial or evidentiary hearing unless conducted afterwards during the appeal. Mediation is generally less formal, time consuming and expensive contrasted to a trial.
Mediation is an art and not a perfect science. Even if mediation does not result in a settlement agreement or final outcome, the parties and attorneys usually leave with greater insight into the merits (strengths or weaknesses) of the case, appreciation that they explored settlement, and a possibility that the door has been opened for further mediation or communication or both.
Mediation offers several advantages or positives. The parties benefit from greater involvement, creativity, and flexibility with the negotiations and potential settlement agreement. Mediation is typically non-binding. It occurs sooner than a trial or evidentiary hearing unless conducted afterward during the appeal. Mediation is generally less formal, time consuming, and expensive than a lawsuit. It is more relaxed or laid-back. Meditation may occur in a private and confidential setting (in-person or virtually) as opposed to a public courthouse or courtroom.
The term, “non-binding,” means that the parties may freely accept or reject a settlement demand, offer, or proposal in mediation. In other words, each party retains and keeps the right to enter voluntarily into a settlement agreement or reject a settlement agreement. The mediator does not act the same as a judge or jury rendering a verdict or final decision. Rather, the mediator encourages open communication as well as works with the parties and attorneys to potentially reach a fair and reasonable outcome.
No. The purpose of mediation is NOT to replace or waive any constitutional rights, such as the right to trial. Mediation is desired and performed as an option or alternative to seek closure or resolution. Sometimes, a judge or jury trial is the correct strategy or sole option. The right to a jury trial must be fully respected, protected, and preserved as a fundamental constitutional right whereby citizens, selected as jurors, directly participate in the decision or verdict of a case. This constitutional right must be preserved and safeguarded.
In today’s legal reality, a lawsuit may take as long as 1-3 years to settle or to reach trial depending on the facts, legal theories, witnesses, evidence, and backlog of the court system. Mediation does not replace the right to a trial or hearing, but mediation does give the parties an opportunity to “take a break” or “step-back” to evaluate the merits of the case, analyze the time and financial resources needed to try the case, and encourage the parties to seek the skills and neutrality of a mediator for potential settlement.
Yes. Mediation is generally a prudent and reasonable option before the filing of a lawsuit.
By serving as a neutral third-party, the mediator retains flexibility, independence, and clarity. The mediator enjoys a unique position to offer new insights, propose creative ideas, encourage communication between parties in a confidential setting, and allow the process to flow in a more relaxed environment.
A mediator is paid for his/her time usually at an agreed hourly rate. A mediator must ensure that such fee is not connected to the success of the case. In other words, a mediator’s fee must have zero connection with the outcome of the case to ensure neutrality, impartiality, and ethical compliance.
The process of retaining or hiring a mediator may be voluntary or court ordered. In a voluntary situation, the parties and/or attorneys agree to mediation and select and consent to the specific mediator. In many types of cases either mandated by court rules or statute or at the discretion of the court, the judge may order mediation and select a particular mediator.
Please feel free to contact our office at (618) 462-8405 or through the website. Our mediators will take reasonable and necessary safeguards to ensure and maintain neutrality, confidentiality, and ethical fairness to protect the parties and integrity of this respected process.
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