Mediation

Wyoming Mediation and Arbitration Attorney

And Why You Still Need a Lawyer

Mediation with a court mediator is generally required in any Wyoming family law matter before the case may go to trial. That is, if the parties do not agree on all issues, they have to attend mediation in an attempt to resolve their dispute. In general, the requirement of mediation is helpful, because it forces the parties to actually talk to each other. The mediation requirement may be waived by the Court “for good cause shown”, in some cases.

The difference between mediation and arbitration is that, in mediation, the neutral third party (mediator) has no power to impose a decision on the parties. In a mediation the third party—mediator does “nothing more” than try to facilitate resolution of the dispute.

Arbitration is where the parties agree to let a privately hired third party actually decide their case. In Wyoming, the Court can appoint that third person as a Referee, who will thereafter act as the private Judge in that case. The perceived advantage of hiring an Arbitrator or Referee is that it can be more informal, speedy, and less expensive. While the parties may agree to attend arbitration or have a Referee appointed after any dispute arises, arbitration is often required by a prior contract between the parties (construction and employment contracts are typical examples).

There are many private mediators (as opposed to the Court mediators) and many persons offering arbitration services in the state of Wyoming and Colorado. These alternate dispute resolution mechanisms can work well where the parties still have some measure of trust and respect for each other, but it is almost always advisable for each party to at least consult with an attorney.

In any negotiating session it is imperative to have some idea of what a Judge would decide, so that you know the strengths and weaknesses of your own case. Only an experienced attorney can provide this to you.

One advantage of a private mediator or Referee is that they can have a great deal of experience in the field of law involved, and will often advise one party or the other that they should move their position. A private mediator can hear all of the evidence in a more informal setting, hold private discussions with the parties, and decide the case in a more timely manner than it can be handled by the Court system.

Please do not hesitate to contact us if you think we might be of service in helping you to resolve your case through private mediation or arbitration, either acting as an attorney for you, or as court appointed mediator.

 

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