CO-COUNSEL & MEDIATION
Co-counsel opportunities not only have over 5,000 clients trusted us with their case, but we are also proud that a substantial source of this business is derived from referrals from other attorneys. The Davis Law Group has extensive experience litigating cases in State Court, Federal Court, and before the Workers’ Compensation Commission. We welcome the opportunity to take over prosecution of your case or work side-by-side to help achieve fair results for your client.
Attorney Ric Davis is recognized as a certified mediator by the South Carolina Supreme Court. When he walks into a mediation, he brings to the table over thirty-five years of litigation experience. This experience is invaluable when it comes to helping parties distill their case down to the most important issues and assessing risk of going forward with litigation. Next time you need a mediator who is willing to roll up his sleeves and go to work, call the Davis Law Group.
Simply put, mediation is a process where parties meet with their mutually selected, unbiased, and neutral person who helps them negotiate differences and reach a settlement. The meeting among parties can be informal or a scheduled conference and the cases suitable for mediation services include disputes in:
- Commercial Transactions
- Personal Injury
- Worker’s Compensation
- Domestic Relations
- Labor or Community Relations
In addition, other cases may also be included when considering mediation services, especially types that do not involve very complicated procedures or needing a supplement of heavy proof or evidence. Usually, attending mediation conferences can be voluntary for parties unless it is legally mandated.
How Is Mediation Beneficial To Me?
There isn’t just one good reason why mediation in particular may prove more beneficial than going through traditional litigation or other forms of alternative dispute resolution or ADR. The process of mediation is usually informal and flexible as well as confidential – meaning, the mediators will not disclose any form of information gathered during the session. As a matter of fact, mediators will destroy any notes they took in respect to the ethics of the process. Mediation services have also gained increased popularity by most parties because it is an inexpensive process and a quick one to go through. So overall, factors like affordability, quick settlement, confidentiality, voluntary involvement towards resolution as well preserving a good relationship toward the other parties among other reasons, make choosing mediation more attractive.
One appealing component of mediation is it opens the way to make user friendly resolutions to a dispute. What this means is it encourages the parties involved to create solutions to their problem without having to hurt the other’s interest and arrive at a fair and workable solution. With that being said, it promotes building a healthy relationship between the parties considering that there may have been resentment felt by one party when the complaint was raised or perhaps allow both to continue doing business or improve their working relationship later on.
What Is The Role Of A Mediator?
Mediation leaves the absolute decision power only with the parties involved. The mediator does not make any decision whether the matter is right or fair. The mediator will not make any assessment, comment on accountability, or make an opinion on the possible outcome of winning should the case were to be litigated.
What a mediator does instead is to act as a catalyst between parties of opposing interest with a goal of bringing them together by making the issue as tangible as it can be for both parties with clarity in mind, as well as to eliminate any obstacles to communication. The mediator will facilitate and guide both in the entire mediation process to avoid conflict, confrontation and ill will.
What Happens When Mediation Fails?
When beginning the process for mediation, the mediator may well seek agreement from the parties involved to forbear from litigation during the mediation process as well as to hold everything that is discussed within all the various sessions as confidential. Therefore, should not be regarded as an admission or be used against any party in any other types of proceeding following a failed mediation.
When a failed mediation does happen, a party may proceed to try the case and to litigate a decision. This can happen often when parties involved in an emotional mediation think that litigation is preferable. However, it may not always be the case since it is more expensive compared to mediation and parties will still have to pay for the failed mediation. So aside from taking the expenses involved into account, in pursuing litigation, the judge has the final say regarding the issue and therefore, parties will lose their opportunity to be able to participate in coming up with a win-win solution and end up being ruled against completely. When this happens, regardless if the decision puts you or the other party in a bad position, the decision will be final and cannot be changed.