Mediation is a form of dispute resolution which is an alternative to litigation.  If successful, it can be both quicker and less expensive than litigation, and can also provide a more flexible result than a court judgment can.  It can be pursued either instead of a lawsuit, or can be elected or ordered as a method to attempt to reach settlement while litigation is underway.

Essentially, the mediation process is an agreement to bring the dispute before a neutral person (usually an attorney or retired judge) whose role is to try to bring the disputing sides to an agreed resolution or settlement of their dispute.  The disputing parties are normally represented by attorneys who attend the mediation with their clients.  Unlike arbitration, where the third party makes a decision in the case based upon the documentary and testimonial evidence presented during the arbitration, a mediator does not have the power to decide the dispute or to force the parties to do anything.  Instead, the mediator works to narrow the issues, to find or develop areas of agreement, and to bring the parties to a negotiated compromise that all sides can accept as the settlement of their dispute.  Using an international example, mediation is similar to how diplomacy can be used to bring disputing or warring nations to reach and enter into a peace treaty.

The mediation process itself usually occurs in the offices of an attorney or a retired judge.  The mediator commonly begins with a joint session of all the participants where the process is explained to the participants and the essence of the dispute is outlined.  The mediator will then often caucus separately with each side and their attorney to define the issues which are most important to that side and to see if the gap between their respective positions of the parties can be narrowed. This caucus process is repeated until settlement

is achieved, or it becomes apparent that one or more sides are unwilling to modify their positions sufficiently to enable the mediator to bring the parties to an acceptable settlement.  Even then, the mediation can be helpful to at least narrow the issues in dispute, or to form the foundation for future discussions which do result in a later settlement.

The mediation process is widely used in most civil lawsuits and is normally required by the courts before the case is actually set for trial.  The majority of cases which go through mediation reach an acceptable settlement if the mediator is skilled and if the parties and their attorneys maintain an open mind about how the case can be settled.  Most mediations can be completed in a half day or full day session, although some may require more than one session if the issues are complex, the parties numerous, or if further information has to be developed to address questions or issues raised during the first mediation session.

Our firm is experienced in mediation, both in representing parties in mediation and as serving as a mediator.  Our service as a mediator is performed both as a Settlement Commissioner for the Alameda County Superior Court, and as a privately retained mediator who is selected and retained by agreement of the attorneys for the parties.  We are proud that we have a very high success rate as a mediator in bringing the parties to a successful settlement, and have had success even in cases where prior mediations before other attorneys, and even judges, were not successful.  Our services as a mediator are handled on an hourly fee basis and are normally conducted in our offices and conference room.

If you are interested in using our firm to either represent you in a proposed mediation, or to serve as the agreed mediator, please contact us to discuss the matter with us.