- What is Mediation?
- Why is mediation helpful?
- How does mediation differ from
arbitration?
- What makes SCMP unique?
- If we reach a settlement, is it
legally binding?
- What if we can't reach agreement?
Mediation is often called
"facilitated
negotiation".
Usually, a mediator brings parties together and offers them the
opportunity to create their own solution to their conflict.
There are several aspects of the process which must be present
for a mediation to occur:
-
A neutral, third party must be present
-
The neutral does not have a stake in the outcome
-
An agreement to mediate must be signed
-
The need for confidentiality
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Mediation is both time efficient and cost efficient. It is a
faster, less expensive method to address differences. Studies
have shown that mediated agreements are more likely to be
followed due to their voluntariness. Often, once a judgment is
issued by the courts, collection can be troublesome. Mediation
has the ability to address these issues and design an agreement
which is inclusive of an immediate transfer of funds or change
in behaviors. We also offer the parties a unique opportunity to
tell their story, in its entirety, which sometimes is more
important than receiving a monetary award from the court.
Mediation is said to preserve relationships and build bridges.
Litigation very often, results in a winner and a loser, with a
permanent chasm between the parties. It is also a process which
can allow for resolution for outcomes where the law is
insufficient and underdeveloped, as in the case of animal law.
In mediation the parties have more control of process and
outcome. Mediators are process experts, not decision-makers. A
mediator will help parties to reach agreement, but cannot impose
or dictate a settlement. This means if you choose to settle a
matter during the mediation process and the other side does
also, your matter will be resolved and you will not have to go
through the expense and pain of litigation. Is there a role
for my attorney? Your attorney can play an important role by
advising you, clarifying legal issues, and helping to draw up
agreements. At Southern California Mediation Partners (SCMP)
we are accustomed to working closely with parties and their
attorneys to further the shared goal of resolution. Do you
receive a percentage of the settlement? No. Mediators work
on an hourly fee basis (you will find our fee schedule on the
link entitled Fee Schedule). This fee can be paid by one
or both parties, in any allocation arrangement they agree upon.
In some cases a fixed fee rate can be agreed upon instead.
At SCMP we offer a unique way of mediating your matter. By
offering you the opportunity to utilize the talents of our
mediators in a cross gender, cross faith, cross disciplinary
based approach ,you are able to have a highly unique form of
mediation not found in other mediation services. You can
receive both a male and female perspective on a matter from
professionals who differ in several ways, each of which is
highly beneficial in the settlement process. Our male mediator
is an attorney with over thirty years of litigation experience.
He has participated in hundreds of mediations and is a recipient
of a Certificate of Mediation from Pepperdine University=s
Strauss Institute. He is also a current or past board member of
several Christian organizations as well as a past member of his
church council. He brings to your mediation a unique approach
to conflict resolution. Our female mediator has a Master of
Dispute Resolution from the Strauss Institute at Pepperdine and
is uniquely qualified in all aspects of mediation, from marital
and child custody, to animal matters and real estate. She is
versatile and broad based. Her eleven years of experience
within the court system and in private practice, allows her to
offer a layperson=s
perspective of the advantage of the mediation process.
Yes, either the mediation will close with a signed agreement, or
the attorneys for the parties will commit to ending the lawsuit
with a formal settlement and release agreement. We always
recommend a formal agreement is prepared before the parties
leave the mediation. Some courts require that process,
particularly if a case in litigation is required to go to
mediation prior to the commencement of the case
You are free to return to the conflict, or if litigation has not
commenced, to bring your matter to litigation, if you choose to
do so. The mediation process you have gone through remains
confidential, and your mediator cannot be called to testify in
court, if you choose to litigate after mediation.
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