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Did you know an experienced litigator can also be a great facilitator of creative settlements?

Mediation is an informal method to try and resolve disputes and avoid litigation. The parties to the dispute are assisted by a neutral third person called a mediator. The mediator does not make decisions regarding the merits of any claim.  Instead, he or she facilitates discussions and negotiation between the parties with the goal of assisting them in reaching a mutually acceptable settlement of their dispute.  The Residential Purchase Agreement form issued by the Greater Las Vegas Association of REALTORS© contains a provision requiring mediation prior to the filing of a lawsuit.  While a party is not required to hire an attorney to participate in the mediation process, it can be extremely beneficial before and during the mediation process.

Before the mediation. The lawyer explains to the party the nature of the mediation process, what to expect during mediation, and the relevant law governing the mediation process.  The lawyer will advise you on the substantive law relevant to the case to enable you to understand the range of outcomes that are possible if the case is litigated and to formulate a range of acceptable outcomes for the mediation process.

During the mediation.  The lawyer’s role is to assist the party in negotiating for himself or herself although the mediation is nonadversarial.  The goal of the attorney is to assist you with focusing on the possible outcomes rather than get caught up in the emotions of the allegations in order to objectively consider the resolution of the matter

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