Mediation 101: Does the action have to be filed?

Posted by: David Fitzsimons Category: Mediation, Mediation 101 Comments: 0

Q: Is it possible to bring up Mediation before an actual suit or action is filed?

A: Absolutely. In fact, in many commercial contract settings today, “Good Faith Submission to Mediation” is a prerequisite to filing suit or requesting appointment of Arbitrators. In most instances submission to ADR, including mediation or arbitration, is a result of agreement between the parties, and they are not limited to pre-dispute contractual ADR. Like-minded opposing counsel can always recommend to their warring clients that a mutually beneficial low key and PRIVATE resolution of their dispute is in their best interest. Particularly well-suited to mediation, in this writer’s view, are family –related disputes; estates, or estates planning, elder care, family business succession, all such disputes, when fraught with legally irrelevant, yet vital core interests can potentially benefit from effective application of Mediation Process.

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