Lotzer Law and Mediation
Q: What are some of the benefits of mediation?
A: Mediation is a confidential and informal process for resolving disputes and negotiating agreements. Unlike court, there is no public record or jury so the proceedings remain private. Also unlike court, the parties are empowered to determine the outcome, goals and results. Unlike a judge, a mediator is a neutral facilitator, she assists the parties in coming up with their own resolution instead of determining it for them and imposing it on them whether they agree or disagree. Mediation is generally faster, less expensive and less stressful. It can take place in our offices, your location or even by phone. If an agreement is reached in mediation it can be legally enforceable. And if for some reason an agreement is not reached in mediation, the parties are free to file in court if they so choose.
Q: Can I use mediation to negotiate a contract or sale of a business?
A: Yes. Mediators can serve as neutral third party facilitators and assist parties in the negotiation of any type of agreement. Using mediation in a business transaction can be a way to provide confidentiality and transparency--some thing that the parties may not be otherwise inclined to do if they are using lawyers and "fine print" to negotiate a deal that is less equitable or less fair to one side than the other. While these deals may seem to have benefit in the short run it is our experience that in the long run when the party who ended up with the "short end of the stick" discovers it those deals tend to cause the relationship between the parties to fall apart, some times ending in breach of contract or, in the worst cases, result in costly litigation. In the long run, it has been our experience that mediated agreements and fair contracts make for better deals that are less costly and result in better relationships.
Q: How can I learn more about mediation and third party neutral facilitated agreements?
A: Please call our office or send an email to set up a complimentary consultation. After speaking with you, then, if you decide to move forward with mediation you will receive detailed instructions and an engagement agreement.
Q: Am I a client beginning with the first time I call your firm? What information is confidential?
A: A client is some one with whom we have agreed, in writing, to provide services. Attorney-client relationships involve special privileges that only arise after you have established an attorney-client relationship. Please do not email us any information that you expect to keep confidential until after you have been formally accepted as a client. And, after you have been accepted as a client, you should be careful to use an email address that only you have access to, not forward emails and not access your emails on a public computer. If you are a mediation client you will have similar protection after signing a mediation services agreement and you should take the same precautions.
Q: Does your firm provide tax advice?
A: Our assistance to you as a consultant, mediator or attorney may include reviewing and discussing financial or tax information as part of your intended transaction or negotiation (e.g. the purchase of a business) however we do not provide tax advice. Nor do we file or prepare any tax documents for our clients including tax elections (e.g. S-Corp); for assistance with those forms or any tax questions please consult your CPA.
Copyright © Trisha Lotzer, JD 2017
Lotzer Law and Mediation. All Rights Reserved.
The information on the website is not meant to provide legal advice about the visitor’s individual legal case and we caution the visitor not to disclose confidential information in an email or contact form sent to the law firm until after engaging our firm by entering into a written agreement for services. Until then, you may not be considered a client. For more information about client engagements, communications and privacy see the FAQ page.