Mediation has become a popular model for alternative dispute resolution for those engaged in legal issues around the US; in fact, in some cases, mediation may be encouraged or even required. This type of ADR is generally reserved for non-criminal cases and can be very helpful in reducing the amount of time, expense, and stress that occurs in litigation. In personal cases, mediation is helpful as the proceedings are much more relaxed in comparison to a courtroom, often allowing for better communication between the parties, along with more latitude for reaching a resolution. In business, opting for mediation instead of litigation can be invaluable in numerous ways.

The process is led by a mediator (usually chosen by the parties involved), who should be duly experienced, but is not required to have a law degree or even any other formal training. As they work to help business owners and associates reach a solid resolution, here are five typical steps involved in the process:

1. The designated mediator may reach out by calling or writing the parties involved, establishing the time and place for the process to take place, as well as being apprised of any issues such as the need for handicapped access or seating, assistance if one of the parties is hearing impaired, or needs an interpreter.
2. At the outset, the mediator should educate the business owners involved about the process, not only informing them but also giving the parties confidence in the alternative approach to dispute resolution should they be new to mediation. The businesses involved in the dispute should also understand that the mediator is not there to decide for them, but rather to help them find a way to reach a mutually-agreed upon decision together.
3. The dispute should be understood fully by the mediator, who may wish to hear everyone’s statements at first, but then meet with each party privately too. The mediator should discuss possible strategies with the parties involved, as well as exploring what they all see as the best potential outcome for the mediation process.
4. The parties should be encouraged to be creative about finding a resolution if necessary, and especially if the case is complex or they are having difficulty in reaching an agreement. This is where the mediator should possess the strongest skillset in guiding everyone during negotiations. It may be easier if the business owners involved in the legal dispute have known each other for a length of time and have a vested interest in saving a long-term working relationship.
5. If all parties involved do reach a resolution, the mediator is then responsible for drafting the agreement, along with filing it with the court if the mediation was court-ordered. All business owners authorized and required to sign the agreement should be present, but the documents could also require review by others, or by attorneys on one or both sides. Once the papers are signed, the outcome of the mediation is considered binding.

Attorney Shane Coons is highly skilled in all methods of ADR, to include mediation, arbitration, and California’s judicial reference system. If you have a legal issue and want to learn more about the best alternative dispute resolution process for your case, please call Shane Coons now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com.