Mediation is a fast, confidential and economical way to settle most disputes.
It is a process by which parties submit their dispute to an informed neutral third party (the
mediator) who works with them to reach a settlement.
Q:
What Types Of Disputes Can Be Settled By Mediation?
A:
Disputes between
Homeowner Associations/Owners
Developers/Property Owners(construction defects)
Buyers/Sellers (real estate, businesses, personal property)
Real Estate Broker/Client/Agent
Mortgage Broker/Client/Agent
Homeowner Association/Management Company
Employer/Employee (wrongful termination, sexual harassment discrimination)
The mediator, as a neutral third party, can view the dispute objectively and can assist the parties in
exploring alternatives that they might not have considered on their own.
Parties almost always save money by reducing the hours spent by legal counsel.
Parties increase the possibility of continuing a relationship (if necessary or desired) with each other.
Documents and testimony presented do not have to become part of public record. In fact, discussions
that take place are protected by the confidentiality imposed on the mediator and on the parties by Evidence Code Sections 1152
and 1152.5
The emotional stress that usually accompanies the more combative, drawn out process of litigation is eliminated.
The possibility of an adverse court judgment is avoided.
Q:
Are Mediations Usually Successful?
A:
Nationally, over 85% of mediations result in a settlement, thus avoiding litigation.
Most importantly, since all parties consent to the final agreement, compliance
exceeds 90%, far exceeding the results following litigation.
Q:
How Long Does It Take?
A:
Mediations can be conducted in much less time than a lawsuit. Mediators are often
available during evenings and on weekends as well as during normal business
hours, and will work with the parties to minimize the time required to reach a fair
settlement. Generally, 8 to 16 hours are sufficient unless complex issues are
involved.
Q:
Is Mediation Binding?
A:
A mediator does not have the power to render a binding decision. The objective of
mediation is for the mediator to assist the parties in agreeing to a settlement. Once
the agreement is reduced to writing, it becomes enforceable.
