Category: Mediation

Mediation Could Allow Everyone to Move on with Their Lives More Quickly

Posted by rainmakereditor on November 14, 2019 with 0 Comment

Most private individuals enjoy very little about being involved in a legal dispute or spending time in the courtroom. While tempers may run high in the beginning and the urge is there to fight, to sue, and to win, being in a highly adversarial situation and conflict can be extremely draining. While litigation does have its place and sometimes is the only solution for settling a serious issue, many individuals may overlook mediation, and miss out on a much more streamlined way to solve a problem. Not only that, parties who agree to mediation are usually much more motivated to reach a settlement—with the help of a neutral mediator who is able to assist in clarifying details and keeping the process moving along with a good flow.

Not only does mediation help parties in dispute move on more quickly, but the pace at which they reach a resolution could also be exponentially faster. Rather than spending weeks or even months tied up in scheduling with the courts, postponements, and more, the mediator usually meets with everyone involved ahead of time, gains an understanding of the issues at hand and what originally led to the dispute. The mediator is also in charge of setting and time and location for the proceedings—usually offering flexible scheduling and a more relaxed and casual setting that is conducive to an open discussion. In some cases, mediators may even offer to meet with everyone after hours to make up for busy schedules.

Other benefits of mediation are that it is completely confidential, and the parties involved in the dispute have complete control over what happens, while the mediator may step in intermittently to help. And while mediation may not be free, the costs in comparison to that of litigation are exponentially less. The timeframe is exponentially less too; in fact, an agreement could be made within mere hours. Mediation usually works, and it can also be a great benefit for the future as relationships that may have already been long-standing or preserved.

The Bolender Law Firm will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Will Each Party Have an Attorney at Their Mediation?

Posted by rainmakereditor on October 17, 2019 with 0 Comment

There are so many benefits to mediation for business owners today that it is no surprise most of the outcomes are successful, but often they do require the presence of an attorney. While forced mediation in other cases—as commonly seen in divorce, for example—may be ineffective when the parties are not ready to come together and agree on a settlement, for business partners or those who have been in a working relationship for many years, mediation may be welcomed not only as a way to settle a dispute quickly and sometimes much more gracefully, but also to preserve what may be a friendship or a profitable partnership that could continue throughout the years.

The role of the mediator is not always easy, and although licensing is not required, they must bring great skill to the negotiating table in terms of remaining neutral but also knowing when to step in and help all parties involved communicate more clearly. To do so effectively, the mediator usually meets with each party before the process begins so that they can gain a clear understanding of the case. This usually means learning a little bit about each party, finding out how the dispute came about, and what goals need to be met overall for a settlement.

The relaxed, casual setting is usually conducive to promoting a better conversation between disputing parties, allowing for easier resolution; and while all of that may be true in your case, if you are concerned about a sizable amount of money or assets that are involved in the dispute, it may be in your best interest and that of your business, to have an attorney present at mediation. With the help of a skilled mediation attorney-and one who is in full support of the process, maybe spending a little more, but providing expert extra protection and added counsel during the process.

With an attorney inexperienced in mediation at your side, however, you could defeat the whole process, receiving the wrong type of advice for your situation and reducing the effectiveness of mediation overall. Consult with The Bolender Law Firm for skilled representation by an attorney who will support the process of alternative dispute resolution.

We will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

How Does Negotiating Occur in a Mediation?

Posted by rainmakereditor on October 9, 2019 with 0 Comment

Mediation offers many benefits for business owners engaged in legal disputes and interested in negotiating. While it is often tempting to head straight for the courtroom—and especially if there is a more adversarial scenario—sometimes the relaxed setting of mediation is the best way to go. Litigation has its place in settling many serious issues for business owners and others, but mediation and goals for a more proactive outcome from all parties involved. This requires great motivation, however, as everyone involved must focus on what is important and come together to make an agreement. When proceedings are progressing along in a positive manner, mediation may be completed sometimes in just a matter of hours, or perhaps a few days—but in comparison to a courtroom scenario, much time, effort, and even money can be saved.

In most cases, mediation promotes successful negotiation, with the mediator acting as a completely neutral party. They do, however, encourage cooperation as well as intervene at times regarding communications that could be misunderstood or need further clarification. Mediators may also take the time to ask questions of both parties while at the negotiation table, striving to see that everyone digs deep to understand where the other side is coming from—and perhaps even empathize and sympathize with the other party. This can lead to not only a faster agreement and settlement, but it may also preserve a working relationship that could have been forged years ago and is valuable to everyone.

For most parties involved in a mediation and negotiation, the process runs smoother when everyone has information. This means that each side should have as clear an understanding as possible about the dispute and know basically what it is that the other party wants. For business owners, mediation is usually agreed on by all involved because they are motivated to find a solution. Numerous elements are usually required for a successful experience in mediation though, from each party offering respect to each other and a willingness to listen, as well as demonstrating what can be extreme patience in focusing on reaching a settlement, and looking beyond the emotional aspects of the dispute.

What is the Usual Mediation Setting?

Posted by jbolender on July 22, 2019 with 0 Comment

Along with arbitration—and in California, also judicial reference—the mediation setting is one of the most effective forms of alternative dispute resolution outside of the courtroom. Growing in popularity throughout the past few decades, this type of ADR involves a mediator who leads the process, acting in a decidedly neutral manner, rather than a deciding one. Unlike most court cases, the mediator usually meets with everyone involved before the process begins, calling to set up a time before the process is scheduled. This allows them to get to know everyone involved, and they will usually take extensive time to learn about the background of the dispute, and how everyone came to be involved.

Often, business parties involved in mediation have long-standing commercial relationships, and may even be friends or relatives in some cases. Because of this, voluntary mediation is popular when preservation of the relationship is perceived as important. The setting may have a lot to do with the ongoing success of mediations in the US. Most of them are successful, and most settings are much more laid-back, casual, and conducive to bringing forth a good discussion between the parties involved.

The dress is more casual, and the mediator may even be able to work around office schedules and allow all the processes to occur after work in the evenings, or on weekends when the ties are loosened up and the attitudes are more relaxed too. Most of us do not enjoy having to get all dressed up in formal business attire and sitting in a stuffy courtroom for hours, leading to some of the greatest benefits in mediation.

Mediation (with most being successful) often leads to faster resolution as people are more comfortable and motivated to reach a settlement that works. While mediators do not have to be licensed, they are usually extremely comfortable in the legal arena and may in fact be practicing attorneys or retired judges. Although there are some expenses involved in the process (mainly in paying the mediator), and it is becoming more expensive than it used to be, mediation is still usually exponentially less expensive than litigation—and offers much greater success.

What Type of Mediation Experience is Required for an Effective Resolution?

Posted by jbolender on July 16, 2019 with 0 Comment

Mediation can be a real eye-opening experience for many people, especially with the realization that they can avoid the adversarial nature of the courtroom, not to mention the overwhelming expense, exorbitant amounts of time involved, and stress–all with the assistance of a professional with mediation experience The mediation usually occurs in a much more relaxed setting, and a mediator may even meet with the parties involved after hours due to work schedules or perhaps on a weekend.

In California, a mediator can hang out their shingle whether they have formal training or not. No license or degree is required, although many mediators are lawyers, or retired legal professionals. If you are engaged in a complex legal dispute, you may require a mediator with experience in the field, and one who has knowledge of the topic at hand; for instance, if finances are in dispute, you may want a mediator who actually does have a legal and/or accounting background.

The mediator’s greatest talents usually must lie in being able to take a backseat while disputing parties discuss the issues that landed them there. The mediator is not there to decide the case by any means. They do need to be extremely educated on the problem that brought everyone to mediation though, and this usually means that mediator meets with both parties, separately, before the mediation begins. This allows the mediator to compile information regarding the legal dispute and take some time to reflect on it before the process begins.

The mediator must remain neutral, but kick into high gear when a stalemate is reached. Depending on how severely communications have broken down, they will have to work with each party in discussing better ways to think about and resolve the dispute so they can agree to a settlement and move on. ‘Thinking outside the box’ often becomes a necessity, and mediators usually have an arsenal of skills to encourage this.

Along with knowing how to communicate effectively and help during an impasse, mediators are also responsible for completing all the legal documents at the end of the mediation, outlining what type of settlement has been agreed on and filing it with the court. Once all authorized parties have agreed and signed the settlement, it is considered a binding document.

What Happens When an Agreement Cannot Be Reached in Mediation?

Posted by jbolender on May 21, 2019 with 0 Comment

Mediation is often an extremely attractive alternative to the courtroom. Formally termed alternative dispute resolution (ADR), mediation is typically held in a more casual and relaxed setting, led by a mediator. While the mediator may not technically be licensed or may not even have a legal degree, they are usually very experienced in helping two or more parties deal with some sort of legal dispute that has brought them to such serious odds that they cannot reach an agreement or settlement decision on their own.

In some cases, a judge may even send two parties into mediation during a case, requiring them to work it out. While that puts some added pressure on everyone in a mediation, it also takes them out of the stiff courtroom and out of what may be a more adversarial atmosphere. The mediation offers a setting where the mediator can help if the disputing parties have reached an impasse, encouraging them to think outside the box, and perhaps even learn to empathize with the other party’s situation. The mediator usually has prior, extensive knowledge of the case due to meeting with the parties involved before mediation begins, getting to know them both separately, and understand what brought them into the legal arena to settle their differences.

If a stalemate is so serious that the parties involved cannot or will not budge, the mediator may suggest they take an extended break. This could be a few days, a few weeks, or an indefinite period. If the parties are involved in a court case and they still cannot reach an agreement in mediation, this may not be pleasing to the judge, and their case could be delayed, there may be more mediation suggested (or required), or a trial may be scheduled. Such an ordeal is never easy on anyone, but negotiations simply may not be possible if neither side can give at all.

As in any negotiation, it may be up to the mediator or an attorney to keep the conversation going until someone thinks of something that they can give. Perhaps they have a concession they can make that would not paying them too terribly but could mean a lot to the other side. Most mediations are successful, and the exceptions can be frustrating for everyone involved.

Do you have questions about a mediation or a business issue, or do you need legal assistance regarding a business dispute? If so, contact the Bolender Law Firm. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Mediation Struggles: Could We End up in Court Anyway?

Posted by Jeffrey Bolender on May 14, 2019 with 0 Comment

Mediation offers a way for disputing parties a way to avoid what is often thought of as the horrors of the courtroom; and while litigation is sometimes the best route to settle a legal issue, there can be easier and more comfortable ways to do so today—as with alternative dispute resolution. Mediators are often practicing or retired attorneys, but they do not have to have a law degree or even be licensed. What they do need is experience in working with parties that may be having trouble coming to an agreement, even if they are motivated to find a resolution.

Mediations are usually successful, and it is easy to see why when you explore the model. The mediator is usually much more flexible and can meet with everyone involved separately, to get an in-depth understanding of what the dispute is about, the background of the parties involved, and an idea of what their end goal is for a settlement. The mediator can often work around the schedules of the parties, even setting meetings for after hours or on weekends. The atmosphere is usually much less hectic than the courtroom, relaxed, and casual.

The mediator is there to assist the disputing parties in coming to a settlement, not to decide the case for them. Their position is much less authoritative than that of a judge, which is often helpful as those involved can decide the direction of their case—and usually much more quickly, affordably, and in many cases, amicably. For business owners, mediation also allows the chance to preserve a relationship that may have already been long-term and profitable. Sometimes though, mediation is not successful, and a stalemate simply cannot be broken. If the judge has mandated the process, then they may be sent back to try again multiple times—and if that does not, the case could be held up for a very long time.

If mediation was voluntary and a decision cannot be reached through that route, a more aggressive approach with litigation may be the only option. In the end, however, the parties involved may wish they had been able to take a simpler approach and lay their grievances to rest more amenably.

A Good Mediator May Be Able to Transform a Court Case

Posted by Jeffrey Bolender on March 25, 2019 with 0 Comment

There’s little to enjoy about a court case, unless you happen to be on the receiving end of a large settlement–or working with a good mediator, ultimately. For many civilians though, enduring litigation can be long, stressful, and expensive. There may be emotional ties between the disputing parties in some cases, and the experience can be intense. Because there are numerous disadvantages to being in the courtroom, you and the party you are in a dispute with may have been able to decide on one thing—and that’s mediation. Other times it may not be optional, and the judge may have referred you to alternative dispute resolution, and with good reason.

In mediation, you can look forward to a different atmosphere from the courtroom. This is usually obvious from the beginning as scheduling is much more flexible; in fact, mediators are used to dealing with clients who have busy schedules, especially business owners, and they may even be able to mediate on weeknights or weekends. A good mediator takes time to research the case, and this often differentiates from the court case also as the mediator can take more time and speak with everyone before the process starts. In being fully apprised of the case details, the mediator will be better equipped to guide everyone in reaching an agreement. And ‘guide’ is the key word, as that is what they are there to do, rather than decide.

Alternative dispute resolution (ADR), and especially mediation, is usually successful, but much of it depends on the motivation of the disputing parties to resolve the issue and bring the process to a conclusion, as well as the skill of the mediator. While a law degree is not required for mediator, they are often retired legal professionals or may have extensive experience in the field of the business owners in dispute. If a stalemate or an impasse is reached, the mediator must rally everyone to think outside the box for different ways to find a resolution, even though they may seem (or feel) close to giving up.

This may be the time for the mediator to begin asking more questions, along with digging deep for what other concessions each party might be willing to make. Taking a brief time out, and then seeking more information along with further understanding what is motivating each party can be extremely enlightening. Offers and counteroffers are often brought to the table more quickly when disputing parties can understand each other better and loosen up enough to compromise further.

When is it Better to Leave Mediation and Pursue a Court Case?

Posted by Jeffrey Bolender on March 21, 2019 with 0 Comment

Mediation is one of the most popular forms of dispute resolution and has been on an upward trend for decades, and although you may be interested in heading there–you may have no idea when it would be best to leave mediation. Unless you have been in a legal dispute previously, you may not even have been aware that it was an option over litigation. Sometimes mediation is not optional either but may be required by the judge as one part of an exercise during a trial. And while parties may balk at ADR at first, mediation especially is usually successful.

The mediator plays an interesting role in the process, as they are not there to decide the case for the involved parties. Their role is to facilitate resolution of the case through helping the disputing parties, but not too much! The mediator must remain neutral and is expected to bring forth their expertise when the parties involved have reached an impasse. This is normally where a mediator will shine. In most cases they will have interviewed both sides to gain and understanding of what is going on. This means that they have an easier time encouraging everyone to think outside the box when they seem to have hit a stumbling block or unfortunately, when tempers may be flaring.

Is it possible to leave mediation and go straight to litigation? The answer could go either way, depending on whether your mediation is court-ordered. If the judge sends you to mediation, they expect a resolution to be reached there, and if the news given to them is that you just could not reach a decision, they may send you right back; however, in an optional mediation, of course you have the choice to tell your attorneys that you wish to seek litigation instead.

Usually, mediation is a much better route for everyone involved as it is a relaxed and casual atmosphere much more conducive to reaching a settlement. Even though there may still be some lawyer’s fees, mediation is usually exponentially more affordable, and fast—not only in reaching a decision, but scheduling is much easier and more flexible as it only revolves around the mediator and the disputing parties, rather than the entire court docket.

Why Is Mediation So Popular in Settling Business Disputes Today?

Posted by Jeffrey Bolender on March 5, 2019 with 0 Comment

Mediation is the key to success for many disputes today. Most cases which end up in mediation are resolved successfully, and that is saying a lot when you consider how bumpy the road can be in some litigation—although that is the necessary route all too often. And while business owners may choose to resolve legal issues through ADR once a disagreement has erupted, this type of dispute resolution is often outlined in business and partnership contracts initially. There’s no better time to decide how an argument will be handled than when everyone is getting along. A dispute clause may even cover specifics like where mediation (or arbitration or litigation) would be handled regarding county, and who would pay any legal fees should they arise.

While the courtroom often brings forth a more adversarial attitude, mediation allows for a casual and relaxed setting that can be conducive to settling. Although there are costs involved with hiring a mediator, the process is usually exponentially less, making it more affordable. Resolution is usually reached much faster too; in fact, many issues are resolved in as little as hours or just a few days. The mediator does not decide the case for the parties at odds, but helps guide them in finding a compromise, as well as pushing them along should an impasse occur. At that point, the mediator kicks into action with ideas for ‘thinking outside the box.’

Businesses with equal resources usually do best settling in mediation. A cell phone company forcing a consumer into mediation may lead to a difficult and expensive ordeal for the average individual (and this happens all too often, unfortunately), while for two businesses it can be extremely advantageous as they may have relationships they want to preserve over the long run—especially when the bottom line is involved.