Hopefully, dispute resolution is not something you have had to consider much, aside from making sure you are protected in any business contracts you might create or sign. You may have heard about mediation quite frequently in connection to divorce cases, but it is also used to bring resolution to many different types of disputes—from business and consumer issues to environmental and government agency problems.
Today, contracts of many different types often include a dispute resolution clause. This outlines how a dispute will be handled—before it occurs—and both parties have a say at a time when communication is good. Such a clause usually includes information about how any disputes will be presented to the other parties, as well as how and where they will be handled. Anyone signing a contract should pay close attention to the how portion, as that will designate whether litigation, mediation, or arbitration are to be used as the method.
Mediation has become extremely popular for handling disputes out of the courtroom. It is often considered a more attractive alternative as the parties involved hope for less expense, less stress, a more casual atmosphere, and greater flexibility in scheduling—leading to a better outcome and speedier resolution for everyone.
The individual leading the mediation is meant to serve as an outlet for helping the parties in dispute to come to resolution themselves. The mediator is responsible for guiding the parties in neutral facilitation, and they are in no way serving as a judge. The goal is to have a written agreement from both parties at the end, settling the dispute.
If you are going through mediation in California, your mediator may be an experienced attorney, or they may have completed a degree related to such training. The mediator in California is not required to have a license, but they may have completed training and received a certification related to that. Obviously, you would hope to be working with an individual like Shane Coons who is experienced and can help conduct the necessary meetings and assist both parties in reaching an agreement. This is generally a much easier way to resolve an issue in comparison to a court trial.
Attorney Shane Coons is highly skilled with alternative dispute resolution, to include mediation, arbitration, and judicial reference hearings. If you have a legal issue and would like to learn more about an appropriate alternative dispute resolution, our office is here to help. Call now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com.