Mediation

Mediation is the most common method of Alternative Dispute Resolution (ADR) in the U.S. and has a success rate of about 80%, meaning, 4 out of 5 cases reach a settlement the day of mediation or soon after. It has been adopted by many courts and the legal profession as an opportunity for parties involved in a dispute to find a mutually-agreeable resolution that avoids the lengthy and costly litigation process.  Therefore, judges often strongly encourage both parties to participate in a mediation process before a trial date is scheduled for the case. 

If you’ve reached this point in your litigation, you’ve likely already spent a lot of time and money on legal fees. Without mediation, the uncertainty of the trial process and the uncertainty of a verdict in your favor means you’ll likely spend significantly more time and money. You could be ordered to pay the other party’s legal expenses, as well. 

However, mediation can occur at any point during your dispute; even before you’ve decided to hire an expensive attorney to file your petition (lawsuit). In fact, the contracts you sign with businesses you’ve likely already obtained products and services from (credit cards, cellular service, etc.) often contain provisions for ADR prior to litigation in a court of law. This is because it is less costly for businesses to settle disputes through ADR and avoid litigation altogether.

In addition to saving you money, mediating your dispute has the following benefits:

• Self-determined “verdict:” Because both parties mutually-agree to any settlement agreement, neither party loses to the verdict by a judge or jury.
• Confidentiality: Disclosures made during mediation are generally not discoverable in litigation (except by California Evidence Code or Law), or to the other party without your consent.
• Communication: Parties have more opportunity for their positions and other important issues to be heard.
• Preserve Existing Relationship: Because an agreement is mutual, neither side “loses,” minimizing feelings of resentment often experienced after trial.
• Innovative Solutions: Parties may consider outside-the-box resolutions not available to judges or juries.

I have been trained using the Facilitative Mediation model. This style lends itself ell to parties who want to try to preserve their relationship as much as possible.  For example,  married gay or lesbian couples seeking divorce who want to maintain an amicable relationship for the benefit of their children;  disabled employees (such as HIV-positive individuals) who want to remain employed despite poor performance assessments that might indicate the employer’s intent to terminate employment; or family members involved in a contentious probate estate.

Head over to the “About Me” page by clicking the button below to learn more about my training, credentials, and the issues I enjoy working with, or call me to schedule a free consultation.