San Diego Arbitrator and Mediator with Experience

How Does Mediation Work?

Mediation can resolve a number of issues, including personal injury and employment disputes. With mediation, two or more opposing parties work with a neutral third-party, the mediator to reach a settlement. If the parties made attempts to resolve the situation directly and think they may have no other option but litigation then mediation is the logical next step to consider. There are numerous advantages to using mediation rather than proceeding with or continuing litigation.

• Mediation is much less expensive than litigation. By using this option, you can avoid expensive attorney’s fees and lost income you might suffer by spending excessive amounts of time in court.
• Mediation is faster than litigation. In some cases, disputes may take years to resolve through litigation and the court process. This means disputing parties are left without a solution to their problems for months or even years In the case of appeals. Mediation may be an option before a lawsuit is filed and can typically be scheduled and completed within a couple of months.
• You have control over the outcome. Courtroom litigation offers no control over the outcome. Either side may win or lose so it is an all or nothing gamble. In fact, in many cases, neither side wins! With Mediation the parties control the outcome of the dispute. With litigation and court proceedings, a judge or jury will decide the final outcome. Mediation allows you to work with the other party and the Mediator to decide on an agreement. You also have the flexibility in Mediation to work out creative solutions.
• Mediation can help to preserve relationships. Mediation allows the parties the opportunity to preserve the professional or interpersonal relationship with the other side because you are both involved in the process of negotiation and working out the terms of a final agreement that, in the end, BOTH sides will agree to.
•  Mediation works on your schedule. The parties will work with the mediator to set up hearings and contacts in a way that works with your personal and professional schedules.
• The process is Confidential. Mediation is a confidential and private process that stays out of the public eye. Mediation sessions and communications take place behind closed doors. The parties and the Mediator typically keep all of the case details of the dispute confidential, even after concluding the mediation process.

Mediation cannot help with all types of disputes. In cases where the disputing parties are hostile, dishonest or simply unwilling to work together, it is unlikely that mediation will be able to resolve their issues. This is because mediation requires cooperation and a willingness to trust others. Mediation cannot be forced, it must be agreed to mutually and entered into with the goal of resolving the claim.

How Does Arbitration Work?

Arbitration is another form of ADR, meaning it also takes place outside of a courtroom. With this option, disputing parties agree to allow an Arbitrator to review the evidence, hear arguments and make a final decision on the outcome of the dispute. It is not uncommon for arbitration to involve multiple arbitrators, one for each party and a third neutral arbitrator. Arbitrators act in a similar fashion to judges by reviewing the evidence and arguments from both sides and then making a final decision.

A key difference between mediation and arbitration is that a Mediator does render a ruling and may or may not result in a binding agreement. Decisions reached through arbitration, if they meet the requirements under California law, can be binding on the parties. The parties must abide by the terms of an arbitrated outcome because the decision, if binding, will become legally enforceable to the same extent as a judicial decision.

Arbitration has an advantage over traditional litigation. Like mediation, arbitration is a private matter. Arbitration typically provides for a more limited scope of discovery than disputes involving traditional litigation thus reducing attorney time and reducing costs. You and the disputing party may get to pick the individual who will arbitrate your dispute unlike in a court proceeding where you have little or no control as to who will control your case or decide it. Arbitration is also less time-consuming, and thus more expeditious than traditional litigation allowing parties to return to their regular job or routine much quicker.

Many employers in California require their employees to use arbitration to resolve disputes or simply prefer to use it wherever possible. Some employers require arbitration in their employment contracts. Arbitration is generally an attractive option for those seeking a faster and less expensive resolution to their problem. Arbitration can be used as a means to resolve almost any case that would otherwise be bound for the courts.