CONSTRUCTION LAW
Mediation offers a flexible, confidential alternative to litigation, allowing parties to resolve disputes on their own terms. At LMN Legal, PA, we provide mediation services that are particularly suited to international clients. Our online mediation platform ensures that geographical barriers do not impede the resolution process, making it easier for parties to reach an agreement without traveling.
Mediation is a flexible and confidential process in which the parties choose a third-party neutral to settle a dispute between two or more people, businesses, and other organizations. LMN Legal PA caters to high-end construction developers, general contractors, subcontractors, trusts, sovereign trusts, and ultra-high net worth end users of the properties.
The mediator is a third-party neutral decided upon by the parties who is independent and impartial. The mediator helps the parties talk through the issues, negotiate and ideally come to a settlement agreement between the parties. She does not have a conflict of interest with any of the parties (or attorneys). For example, an ongoing personal relationship outside the law or an ownership stake in a business or entity. In the event of a potential conflict, the mediator shall set forth the reasons why there may be a conflict and the parties do have the opportunity to waive the conflict. Again, everything said is confidential.
Mediation allows the parties involved to decide the outcome. Once settled, the conflict is over, and no lawsuits can be filed after the settlement.
Litigation is more expensive. It can take years, and costs will increase with time, benefiting only the lawyers. On the other hand, mediation saves time and money for the parties involved. Costs are finite—usually involving a flat fee for the service—and there will be no further costs once the case is settled through mediation.
Yes. Mediation can be done confidentially online. The mediator organizes the meetings. This is especially important for international clients who don't need to be in the location of the property at issue to mediate the case.
Every single aspect of the mediation is completely confidential. Anything said during mediation is confidential and non-prejudicial. In fact, the mediator is not permitted to share any information discussed during meetings with one party in a subsequent session with the other party with the express permission of the party making the statement. The comments and contents of the mediation are not admissible in court, and the mediator is not permitted to testify in court proceedings that may occur if the parties are unable to settle. The process is so confidential that the mediator disposes of any notes, materials, and emails in her possession after mediation aside from the mediation agreement itself. The parties are not permitted to share the contents of the mediation with any third parties who have not attended the mediation, except for their legal counsel, should they have an attorney.
The parties involved will choose the mediator by mutual agreement. In case of litigation, a judge can assign a mediator.
Parties can mediate before taking legal action or while an action is ongoing. Sometimes, a contract between parties calls for mediation before a legal action can be filed. There are also situations where a court may order mediation during the pendency of the legal action.
FAQ About Mediation
Why Mediate with LMN Legal, PA
Confidentiality
Mediation at LMN Legal, PA, is conducted under strict confidentiality, ensuring that sensitive information remains protected.
Efficiency
Mediation is typically resolved in one to two days, saving significant time and legal costs compared to protracted litigation.
Client Control
Mediation keeps the decision-making power in the hands of the clients rather than leaving it to the uncertainty of a court ruling.