Mediation is often proposed by one of the parties to the conflict, and if agreed to by the other parties, the process will be commenced.  Parties may also be referred by their attorneys or even many courts.

The approach we use depends on the needs of the parties and how developed the conflict is at the moment.   When parties come to us after litigation is in the course of action, the conflict is fashioned by where they are in the litigation process. Several important variables affect whether this process should be prearranged to take place in half a day or over a period of weeks.  Some of these factors are:

The parties’ acceptance for or aversion to each other;

A need to communicate their emotional connection to the matter; and or the necessity to vent the parties’ frustration and aggravation based on the matter.

These are all relevant issues and effect the way the mediator(s) may begin the negotiations.

Southern California Mediation Partners, LLC (SCMP) assesses the distinctive aspects of each case and may recommend a short process or a series of meetings.  The process may start with private, separate interviews of each party (a caucus), or a session attended by all parties (joint session).  These starting points will, in some cases be driven by the type of case and emotional attachment to it, and in other’s by the choice of the parties or the mediator. During the  session, each party has an opportunity to present his/her or its position to the party in an open meeting.  This session is typically followed by a series of private meetings in which the mediators engage in shuttle diplomacy, with the parties in separate rooms and the mediators conferring with the parties separately.

At the conclusion of a successful mediation the parties may once again find themselves in the same room.  Here they may consent to their agreement and set in motion all the necessary steps to achieve finality.  This almost always results in a written agreement of settlement between the parties being composed by the mediators and or the parties’ attorneys and executed by the parties.

If at the conclusion of the process you haven’t achieved success, the parties may or may not once again meet jointly with the mediators.  However, remember this.  Mediation may be partially successful if some issues are resolved and reduced to writing, or the parties may desire to do discovery or further discovery and to then come back to us. 

At SCMP we see our role as mediators as follows:

Explaining the process and facilitating creative and effective solutions;

Affording an opportunity to meet together with fact and decision-making representatives;

Assisting the parties to understand and analyze the facts, law, issues and bases for making a decision; and keeping the parties focused and the process organized helping the parties gain a more complete understanding of their dispute from all sides.