San Diego Dispute Resolution
MEDIATION: AN ALTERNATE DISPUTE RESOLUTION APPROACH
San Diego mediator Rich Gordon strongly encourages mediation when a case is at a stage where mediation could help resolve the dispute, short of going to trial.
It is important to understand that the mediator’s job is to effect a settlement, so he will be friendly to both sides and work to gain everyone’s trust. The mediator’s role is to lower the expectations of the party seeking money, and to raise the concerns of the party not wanting to pay too much. If the mediator can reduce expectations of the party seeking to get paid, and raise the concerns of the party in the position of paying, the gap between those numbers may become so close that the case can reach a settlement. It takes great skill and a willingness to be creative in brokering a settlement. If mediation works, it can be a good day for everyone. If mediation does not work, you are no worse off than before you started mediation.
Before you walk into a mediation, keep this in mind: the mark of a good settlement is when everyone is equally dissatisfied with the outcome to some degree, but the final settlement is close enough to what you sought that you would be making a mistake to not take the deal.
Almost every lawsuit brought before a California court will be ordered to attempt settlement through mediation before going to trial.
For many, mediation can deliver a quick resolution with minimal expense. With an experienced attorney to guide you through the process, mediation can have many advantages.
MEDIATION CAN SETTLE CASES FAST
Mediation can settle a dispute to your satisfaction in just hours, or a single day. The mediation is arranged for any date that is convenient for the two parties. Since court calendars are often booked months or even years ahead, mediation can often bring closure to a civil dispute much sooner than if the case had to be tried at the courthouse.
COSTS LESS THAN SUING IN COURT
Clients who want to preserve as much of their financial, business, or personal assets as possible with a mediated settlement can minimize the sizable attorney fees and court costs that can be incurred with traditional litigation. With mediation, business and family relationships are largely protected from the emotional damage and strain of drawn-out court proceedings. However, any person going to mediation must understand that just because mediation is quick and perhaps less costly in out-of-pocket expenses, that does not mean mediation is a good deal. You must rely on your attorney and your common sense to guide you to an intelligent resolution of your case. Sometimes, going to trial may be the only rational decision you can make.
MEDIATION PROTECTS PRIVACY
Court proceedings create public records. Mediation delivers a legally binding settlement with no requirement to file details of the agreement in court. Private settlement through mediation is often a priority for many business and community leaders, public figures, entertainers and athletes, clients with significant net worth, and anyone who simply wishes to keep civil disputes out of the public spotlight.
