In so many cases, it is amazing what happens when you remove the adversarial nature of the court system and let motivated parties work out their differences in mediation. While there are other alternative dispute resolution methods like arbitration and judicial reference that are also highly effective, mediation is one of the most well-known and popular ways to settle legal disputes without the drawbacks associated with going to court.
A neutral party serves as the mediator, and while in California mediators are not required to have any licensing, many do have legal degrees or other extensive, relevant training and experience. With a focus on exploring the dispute at hand and finding a reasonable way to compromise and come to an agreement, the mediator usually puts in substantial time at the beginning for private mediations to understand the details of the dispute and consider creative ways to help the parties involved come to an agreement. If the mediation is ordered by the court, the mediator will be assigned to the case; however, in private mediations, the parties involved are able to agree on a mediator together.
Aside from the fact that it is often non-binding and sometimes not enforceable, most will agree that the benefits of mediation abound—and the majority of mediations are successful. Unlike the court process, mediations are confidential. Scheduling is much faster, and flexible too. Mediators will even sometimes agree to meet on weekends or weeknights to accommodate those involved in mediation. This type of ADR is also attractive as a process for disputing process because resolution is reached so much faster than going to court, and it is exponentially more affordable—even if everyone comes to the table with attorneys (and accompanying fees).
And although mediation focuses on reaching resolution in a more relaxed manner, discussions may still become heated or those involved may reach an impasse. The mediator’s experience and skills are put to the test at that point as they must think of resourceful ways to help the group step back, refocus, and consider how to reach the end goal. Sometimes this requires longer and more candid discussions, with the mediator encouraging everyone to think outside the box so that an agreement can be reached that works for everyone.
Once negotiations are complete, the mediator is responsible for drafting the appropriate settlement documents to be signed by the authorized parties.
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.