“Mediation not Litigation”
Alternate Dispute Resolution
Are you considering a lawsuit to seek justice or resolve your conflict? Consider mediation. The majority of conflicts can be resolved without going to court and paying an enormous amount in lawyers’ fees and other court-related costs while not being guaranteed an outcome that you find acceptable. In court, the case is heard by a judge who decides what the parties will do solely based on the constraints imposed by state law. In mediation, both parties work together to arrive at an agreement.
What is Mediation?
Mediation is a process in which disputing parties use a neutral person to assist them in conflict resolution, resolving a dispute and coming to an agreement that mutually benefits both. Mediators are impartial facilitators trained to skillfully resolve conflict. Mediators do not give legal advice or impose a decision, but help the parties to communicate in a productive manner by identifying issues and underlying concerns. A mediated agreement protects the interest of both parties and is more likely to be honored by both disputants.
Since 1970, mediation has become a method of processing disputes in a wide variety of contexts including corporate, commercial, community, family, and environmental settings. In a growing number of jurisdictions, mediation has become a prerequisite to a trial. A distinguishing feature of mediation is that the disputants provide input into the terms of the final agreement rather than letting the courts decide the outcome of their conflict with no input.
Unlike the courts, where judges apply the law to the facts to reach a result, the mediator assists the disputants in applying their values to the facts in reaching results.
These values can include:
- Cultural considerations and personal histories
- A sense of fairness applied to both parties, as compared to the minimum and maximum ranges dictated by law
- Moral and ethical concerns rather than purely legal ones
Take control of your case by representing yourself and saving money in court costs and lawyer’s fees. I support parties in making decisions together. There is space for creativity in finding solutions when all options are open.
Mediation is beneficial in that it:
- Creates an environment for collaborative solutions
- Helps to get you to your final agreement
- Allows for moving forward and settling your conflict instead of being trapped in the same conversation
The Mediation Model
Rather than having people remain in a state of conflict where one seeks to win at the other's expense, mediation seeks compromise so both parties can leave the experience feeling as good about it as possible.
Why Mediation (or Arbitration), not Litigation?
Usually, litigation is a one-time deal: one party loses and one wins. If a plaintiff (the person who filed the case) loses they can not appeal the case. On the other hand, if the defendant loses the case, they can appeal the court’s decision – but it costs more and is time-consuming. Regardless of whether one wins or loses litigation, they ends up paying the price both financially and emotionally. Winning and losing long drawn out court cases often causes the severing of ties and relationships, promoting hostilities and animosities that can linger for years.
Mediation is a different approach to conflict resolution – it seeks to preserve and maintain relationships or establish future relationships. A trained mediator guides and assists disputants to seek win-win positions by maintaining the relationship that exists between them.
In the course of a dispute, the people involved can become so deeply focused that they lose sight of other possibilities to resolve conflict – in these cases having an abitrator rather than a mediator can be more helpful. A trained arbitrator, as a neutral person, emphasizes preserving the relationship between the parties in conflict and making sure that the agreement they come to is something they will feel is fair and acceptable while deciding the case.
Regardless of whether you choose mediation or arbitration, each emphasize maintaining and preserving relationships rather than promoting animosities and malice. The following points must be considered before filing a lawsuit or considering litigation:
- Both Mediation and Arbitration are expeditious, economic, and confidential.
- Both Mediation and Arbitration are about preserving and maintaining relationships.
- Both Mediation and Arbitration provide an alternative to resolve disputes.
- Both Mediation and Arbitration provide control over the decision-making process, as opposed to the courts where one has no control over the outcome.
So why choose Amicable Mediation?
Dedicated to helping
My mission is to promote the power of dialogue and share information to resolve disputes promptly and amicably.
With my professional approach, I deliver consistent and competent, private and confidential, and efficient and goal-oriented services.
Over 30 Years of Experience
With experience in the private and public sector, ranging from Peace Officer training to alternate dispute resolution, I have a deep understanding of conflict resolution on many levels.
View the about page for a full list of my professional training and accomplishments.
3155 Crescent Ave
Marina, CA 93933