Bridging the gap.
Bridging the gap
around a conference table rather than inside a courtroom
About Dan
Dan Talmadge is a native of the Wiregrass, having been born and raised in Enterprise, Alabama. His father was a History Professor, and his mother was an English Professor. Dan developed a love of history, storytelling, and writing because of the influence of his parents.
Dan graduated with honors from Loyola University School of Law in New Orleans. While there, he not only fell in love with the law, but also greatly deepened his Christian faith. He is probably the only lawyer in South Alabama that was taught Civil Procedure by a Jesuit Priest.
Bridging the gap.
Get in Touch
Dan would welcome the opportunity to talk with you further about mediation services he can provide to you and your clients. Please take a few minutes to complete our GET IN TOUCH online form and Dan (or his staff) will contact you within 24 hours to set up an appointment or to answer your questions about the mediation process.
The Advantages of Mediation
There are numerous advantages to mediation, including the following:
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The parties control the outcome.
In traditional litigation, the judge or jury imposes a solution on the parties after hearing the evidence. Someone wins, and someone loses. In mediation, a solution can be agreed upon that is satisfactory to both sides.
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The parties avoid the expense of litigation.
Case expenses, expert witness fees, and attorney’s fees can be thousands of dollars in even simple negligence cases. In more complex cases, those costs can be hundreds of thousands of dollars. Mediation, especially when conducted early on in the process, can save those costs.
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The parties avoid the stress and anxiety of the courtroom.
Litigation takes an emotional toll on everyone involved. In court, parties are subject to a thorough and sifting cross-examination by their adversary in an often-intimidating environment. In mediation, the adversaries spend most of the day in separate conference rooms with the mediator acting as a go-between.
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The parties avoid the delays associated with the court system.
Personal injury lawsuits usually take more than a year to conclude after they are filed, and some take several years. Even after the trial, the losing party may have grounds for an appeal, which further delays the ultimate resolution of the case. A case that might take years to resolve in the court system can potentially be concluded in a day of mediation.
Bridging the gap.
Mediation
The Facts
Millions of civil cases are filed in state courts each year, and hundreds of thousands are filed in federal courts. Unfortunately, the judicial system is not designed to efficiently process the number of civil cases that are filed. Despite the best efforts of court officials, there is a backlog of civil cases. In response to judicial backlog, various forms of alternative dispute resolution (ADR) have developed.
Did you know?
Over the years, mediation has become one of the most successful and widely used forms of ADR.
Mediation
The Process
What is mediation?
Mediation is an informal process where a neutral third-party, known as the mediator, helps the disputing parties reach a negotiated settlement of their dispute.
The mediator meets with the disputing parties and their attorneys at an agreed upon location. The mediator attempts to identify issues, clarify misunderstandings, and find areas of agreement between the parties. The mediator sometimes plays “devil’s advocate” in an effort to help the parties see weaknesses in their own positions and strengths in the positions of their adversary. The mediator does not render a decision on the case like a judge or arbitrator; but rather, assists the parties to voluntarily find a solution that is agreeable to them.
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