Tag: ADR

mediation experience

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

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.

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!

mediation

What Happens When an Agreement Cannot Be Reached in Mediation?

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

Mediation Struggles: Could We End up in Court Anyway?

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.

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!

mediation

Mediation v. Arbitration: Resolving Your Business Dispute

Unless you are a feisty litigator, going to court is probably not one of your passions; in fact, finding out that you are about to be involved in a lawsuit may can be very unpleasant. After all, we would all much rather be working, running our businesses, and enjoying what little free time we have during the interim. Unfortunately, while even our normal personal lives can lead to disputes and legal battles during some years, that is even more likely for a business owner. Depending on the size of your company, you could find yourself putting out fires daily, but when they escalate into a major issue that could be headed straight for the courtroom, you may want to speak with your attorney about alternative dispute resolution options like arbitration or mediation.

There are benefits to litigation, mediation, and arbitration. The courtroom experience, however, is much more well-known for being adversarial, expensive, super stressful, and in many cases—long and excruciatingly drawn out. Arbitration can be thought of as a step below the court process, with cases both heard and decided by the arbitrator. Testimonies on both sides are allowed, and evidence is also entered as part of the process, if necessary. While not as rigid as the courtroom or as expensive, arbitration is still much more formal than mediation—and may be heard by an individual well-versed in the law such as a retired judge or lawyer, or a professional with experience relevant to the case. The decision is both final and binding and can be extremely difficult to appeal.

Mediation is known to be successful in most cases and can be helpful for business owners trying to settle a dispute without ruining the potential for a long-term relationship, whether that be with an employee or independent contractor, another business owner or industry peer, or a vendor. Sometimes there may be the reluctance to lose a long-term and personal working relationship that is being soured by a dispute, but other times it could be that profit is the priority. In wrecking relations with a much-needed vendor, a business could be challenged to have products delivered. The neutral mediation works in a casual atmosphere and usually offers flexible scheduling for everyone involved. Affordability is a key benefit in mediation, along with the fact that the parties in dispute are usually motivated to solve their differences—and this is expected of them, with the mediator only there to guide.

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!

 

mediation

Mediation: The Main Parties Involved Must Show Up

Mediation relies on all disputing parties getting together in one room to discuss an issue that could have ended up in the courtroom first. In turning to alternative dispute resolution, the hope is usually that a more relaxed venue will lead to better success in reaching an agreement and/or settlement; in fact, most mediations are successful. The key is everyone working together and being motivated to do so.

This begins at the hands of the mediator, who will usually interview both parties separately. As they do so, the goal is to delve as deeply as possible into the details of the dispute with everyone involved. While they will note all the details of the case in hopes to gain a comprehensive understanding of it, they also must consider the best techniques for reaching a resolution. Every case is not a one size fit all situation, and experienced mediators will shape the process appropriately after gleaning out the all the facts and creating a more intense focus on what the real issue is, and what should be discussed at length. Along with this, they can offer a more casual atmosphere and schedule, which is usually much appreciated by business owners who may not only be stressed out by a legal dispute but wondering how they can find a resolution when their schedules are so rigorous.

In a classic business litigation scenario, it may be normal to have your attorney do all the legwork and the negotiating; however, in a successful mediation, your input and presence is necessary (even though you may be consulting with your attorney during the process) as you and the other parties are able to meet in person and in a neutral atmosphere. The goal is for everyone to find a way to move forward, and in many cases save both business and personal relationships that may have been long-standing and are viewed as valuable for the future too.

All involved and authorized parties should be available during mediation so that the process runs smoothly, with a settlement agreement being reached and documented by the mediator. Once this happens, all authorized parties should be available to sign the settlement drafted by the mediator, making it a legally binding agreement that everyone must follow through on afterward.

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!