Find Through Mediation with Us

At our firm, James R. Becker, Jr., is a Rule 31 listed mediator for both family law and general civil matters. This means that he has the training and experience to serve as a mediator in all civil cases.

What is mediation?

Mediation is a form of what is known as “alternative dispute resolution.” It is really just a form of negotiation in which a third party, the mediator, goes between the parties to help them reach a resolution of their dispute. It is the only form of resolution which allows the parties, instead of a judge, jury or arbitrator, to decide the outcome. At the Becker Law Firm, we believe very strongly in the benefits of mediation. While we recognize that not every matter is right for mediation, experience has taught that the benefits of mediation are significant.

Discover the of Mediation with Becker Law Firm

At Becker Law Firm, we understand that navigating legal disputes can be stressful and costly. Mediation offers a more amicable and efficient alternative to traditional litigation, allowing you to maintain control over the outcome while minimizing expenses and time. Our experienced mediators are here to guide you through the process.

A professional mediator facilitating a discussion between two parties in a brightly lit, modern office setting, emphasizing collaboration and understanding.

Mediation is Confidential

Everything that occurs in the mediation is confidential. No one can talk about or use what was discussed during the mediation. This allows the parties to more freely discuss their concerns and issues with the mediator.

A clock with hands moving quickly, symbolizing the faster resolution times often achieved through mediation compared to traditional court proceedings.

Mediation is Voluntary

Mediation is voluntary in the sense that you cannot be forced to accept any term of agreement or even reach an agreement. It is true that a court can order you to go to mediation, and to do so in good faith, but the outcome of mediation is completely voluntary. If there is some aspect of the agreement you do not like, you are free to reject it. Unlike the outcome of a lawsuit, you craft the outcome of a mediation. Remember, however, that there are two sides to every dispute and the other side has all of the same rights as you.

Two hands shaking firmly, symbolizing agreement and control over the outcome in a mediation session, set against a backdrop of legal documents.

Control the Outcome

This means that the parties control the outcome. You may be guided by your lawyer and the mediator, but the outcome is ultimately in your control and this can be very powerful. An example of this power can be found in an employment case I recently negotiated. The employee was upset about not getting a promotion and claimed that it was race discrimination. If the employee was successful, the resolution in court would have been to award her the position. Instead, we were able to work out a resolution in which the employee moved to a different position with the same pay, but a more favorable schedule. The employer kept a good employee, the employee got the pay she was seeking and a better schedule. This outcome would not have been possible in a lawsuit.

Mediation is a Process

Mediation is not something in which you go in, make a demand and then walk away. You must go into the mediation with the mindset of making a good faith effort to get your dispute resolved. Neither party wins at mediation and neither party loses. A mediation normally takes half to a full day because there is give and take on both sides. It is not quick. By working through the process, you come to understand the positions, the issues that are motivating each side and how those positions and issues can be satisfied.

The Mediator is Neutral

Your mediation should never take sides in the case. If you think of a lawyer as representing you, the mediator represents the dispute and its resolution. That is the only objective of the mediator – to help the parties get their case resolved. Sometimes it looks like a mediator is taking sides, but it is normally only trying to move the parties to resolution.

Mediation is Successful

Mediations which are conducted with trained mediators tend to settle between 70% - 80% of the cases in which they are conducted. In Shelby County, Tennessee, mediation settles closer to 90% of the cases in which it is conducted. Ultimately, the parties are looking for a resolution and mediation has a very high success rate.

Website Disclaimer

This site provides general information about our Tennessee employment and family law practice. Nothing on this site constitutes legal advice, and viewing it does not create an attorney–client relationship. Do not send confidential information until an engagement agreement is signed. Past results do not guarantee future outcomes.