why-try-to-mediate-your-dispute

Civil Mediation

Why Try To Mediate Your Dispute?

Similar to divorce mediation, civil mediation brings conflicting parties together with an impartial person who helps them negotiate and resolve their differences.

In mediation, the decision is up to the parties—not a judge. The mediator does not rule in favor of one party or against the other. Instead, the mediator acts as a neutral referee between the opposing interests. The mediator suggests ways to bring the parties together, bringing their focus to the real issues at hand so they can resolve the conflict rather than trying to “beat” the other. A mediator will seek to elicit compromise from each party while conducting the mediation process.

Everything that is said in the mediation process is confidential. It is not deemed an admission nor used against either party in any other proceeding if the mediation does not result in a settlement. This is codified in the California Evidence Code.

The mediation generally begins with a joint meeting of all parties, where the issues are defined and it is determined what is important to each party and their respective positions. This allows the parties to voice their concerns to each other and lets the parties see what the problem is from the other side’s point of view.

The joint meeting is then followed by private meetings between the mediator and each individual party or their counsel. This permits the parties to disclose strengths and weaknesses in their case that can play a part in bringing about a resolution on terms they would find acceptable. It also gives the mediator a chance to play the devil's advocate with the party and perhaps see their case in another light.

The types of matters that can be submitted to mediation in our office are as follows:

  • Homeowner Association disputes

  • Trust Disputes

  • Breach of Contracts

  • Real Estate Disputes