Mediation Services

When you’re facing a serious legal dispute, litigation is not your only option for resolution. Conflict resolution through mediation is a way for two or more parties to reach a peaceful resolution to a disagreement that would otherwise eventually end up in the courtroom. The disagreement may be financial, but it often has an emotional component, making it challenging to find common ground without the assistance of a neutral third party.

At Bailey Mediation, we assist clients in avoiding the expense and hassle of court proceedings. Conflict resolution is a way for two or more parties to achieve a peaceful solution to a disagreement through negotiation instead of litigation. Our firm resolves conflicts and concludes transactions to the maximum satisfaction and benefit of our clients. Call us today or contact us online to learn more about our services.

Benefits of Mediation

For decades, the U.S. legal system has been slowly moving away from the stressful, time-consuming, and expensive adversarial court system as a means of resolving civil cases. Instead, people have been taking advantage of various alternative dispute resolution (ADR) approaches — particularly mediation.

In mediation, the parties to a dispute agree to sit down with a neutral third party (the mediator), who is trained to help people reach mutually agreeable solutions to conflicts. Until a dispute becomes an actual lawsuit, mediation is entirely voluntary. Both sides must agree to it, and both sides must consent to any settlement. The mediator only acts as a guide, not a decision-maker.

Why would parties to a dispute agree to this process? There are many benefits to choosing mediation, including:

Mediation is Informal

One of the biggest benefits of mediation is that it is flexible and informal. You get input on the mediation date, there are no courtrooms or judges involved, and no rules of evidence to follow. It’s simply a more comfortable setting for resolving disputes.

Everything is Confidential

When you choose mediation, the process is 100% confidential. The mediator is not permitted to disclose any information you reveal during the mediation. There is no transcription or recording of the process. Mediators even destroy their notes once the mediation has concluded.

It’s Fast and Inexpensive

Another reason many people prefer mediation is that it’s faster and less costly than litigation by a large margin. You can get on the mediator’s calendar much quicker than you’ll get a court date, meaning you can resolve your case faster. Of course, you’ll pay the mediator for their time, but this is much cheaper than the attorney’s fees and court costs for a lawsuit.

More Control Over the Outcome

When you negotiate your own settlement, you have much more control over the final outcome. In contrast, you can choose to litigate instead and leave the decision up to a judge or jury. When that decision is made, it will be binding.

Mutually-Agreeable Results

In general, parties are more satisfied with mediation results because they were able to fully participate in arriving at the resolution. The alternative is handing the power over to a judge or jury, where neither party has much control over the outcome.

Preservation of Relationships

Many disputes occur between parties who must have ongoing personal or business relationships. Through mediation, it’s possible to preserve those relationships for the future. And, if those relationships must end, it can make things more amicable.

Customized and Comprehensive Agreements

Agreements reached through litigation are subject to a lot of legal constraints. In contrast, there is more freedom with mediation. The parties are able to tailor their settlement to meet their particular needs and goals.

Foundation for Future Conflict Resolution

If a personal or professional relationship between the parties continues after settlement, mediation can lay the groundwork for future conflict resolution. And, if the mediation isn’t initially successful, it can at least bring the parties closer together on certain issues, making an eventual settlement easier.

Types of Cases We Handle

Bailey Mediation allows you to bypass stressful, costly, and time-consuming court proceedings with mediation services. Whether it is a personal injury matter or some other civil dispute, we are here to help you achieve a solution when two parties aren’t able to agree through simple negotiation.

Our team serves clients throughout West Virginia. You can count on us for conflict resolution related to:

• Personal injury
• Wrongful death
• Industrial accident
• Products liability
• Mining injuries and deaths
• Defective automobile design
• Construction site accidents
• Oil and gas injuries
• Workers’ compensation claims

Our ADR attorney is known for his skill in resolving disputes and his overall breadth of experience in a wide variety of practice areas. When you hire our firm, you can have confidence that your mediator is qualified to provide the assistance you need.

About Our Mediator

Tim Bailey is a licensed Mediator with an extensive background in personal injury law. With more than 30 years of experience in all types of personal injury, wrongful death, workers’ compensation, oil and gas injury claims, construction injury claims, coal mine claims, and more, Tim understands the relevant laws and court processes involved. Moreover, Tim’s experience enables him to facilitate common issues of conflict and bring them to a point of resolution so that both parties walk away with a victory.

He is licensed to practice law in West Virginia, Kentucky, and Georgia and was selected as a West Virginia Super Lawyer by Martindale Hubbell, representing the highest ethics and legal ability among legal peers.

When you hire a mediator, you want to work with someone who is dedicated and compassionate. Tim has served on the West Virginia Association for Justice Board of Governors since 1997. He also serves the Make-A-Wish Foundation and several other philanthropic organizations regionally.

Choose Mediation Over Litigation

Mediation is an informal conflict-resolution process handled by a neutral, independent third party — the mediator. While some courts require mediation as a mandatory step before litigation, the process is nearly always beneficial to both parties as a means to find some common ground. This process gives participating parties the opportunity to discuss their positions, clear up misunderstandings, and find areas of agreement in ways that would never be possible with a lawsuit.

At Bailey Mediation, we act as your trusted partner throughout this process. Everything that transpires during one of our mediations is subject to complete confidentiality. Our firm intervenes in civil cases, large and small, to support the parties in achieving their goals through strategic compromise. Contact our office today to learn more about our services.