Ellen Cronin Badeaux has been a practicing attorney and notary since 1993. She has been a qualified family and civil mediator since June, 2007. Arbitration, litigation and mediation differ.
Mediation in both civil and family law cases can resolve the case faster than litigation. Mediation can also cut the cost of litigation dramatically. Mediation allows both parties to have some say in the outcome of the case. At trial or in arbitration, the parties have no say; the judge or arbitrator determines the outcome.
Mediation is less formal; there is no judge, court reporter, jury, testimony, evidence. There is a two hour mediation minimum or it can last all day if that’s what you need.
Family Law Mediation
Mediation in family law cases reduces the delay which usually results from litigating the case. From the date a couple separates until the partition of their community property may take years. A lot of this delay may be caused by the legal process: filing a petition, an answer, a reconventional demand, a hearing officer conference, domestic commissioner hearing, custody evaluation, depositions, a descriptive list, a traversal, motions, discovery, pretrial conferences and trial. In family mediation, the hearing officer conference, domestic commissioner hearing, motions, custody evaluation, depositions, pretrial conferences, status conferences and trial can all be omitted. Both parties can bring their attorneys to mediation or go without an attorney, which saves them attorney fees and court and service costs. The custody evaluator doesn’t have to be paid. A court reporter, expert fee and forensic evaluator’s fee can all be saved.
For family law, mediation can resume if new issues arise later. Mediation is confidential and the mediator and any documents can not be subpoenaed in court. Only issues that both parties agree to mediate, will be mediated.
Civil Personal Injury Mediation
From the time an accident occurs until settlement or trial may take years. A lot of this delay is caused by the legal process: filing a petition, an answer, a reconventional demand, motions, discovery, depositions, IME’s, pretrial conferences, status conferences…and finally trial.
Costs subtracted from the Plaintiff’s ultimate reward can include: doctor bills, MRI’s, medical records bills, the attorneys post trial fee, court and service costs. Costs to the insurance company can include: medical record bills, attorney fees, court and service costs, IME’s and depositions. The two hour minimum mediation fee is split between the plaintiff’s and defendant’s attorneys and the defense attorney traditionally pays for the entire fee if the mediation is successful.
Ellen Cronin Badeaux, LLC has been a practicing attorney and notary since 1993 in St. Tammany, Washington, Orleans, Jefferson, St. Bernard, Tangipahoa, Livingston, Ascension and East Baton Rouge Parish and has been a qualified family and civil mediator since 2007. She is available to mediate at her office, at an office available in Orleans Parish or Slidell, at your attorney’s office or a public library. Call 985-892-1955 or email firstname.lastname@example.org to mediate your case now.