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		Mediation What is mediation? Mediation is a voluntary, and a confidential process where a neutral third-party (the mediator), helps parties in conflict to come together to talk and decide how to resolve their disputes regarding specific issues. The mediator does not take sides or make decisions for the parties and this is why mediation usually works. The mediator provides a non-adversarial environment in which the parties reach an agreement they both mutually agree to. How does mediation work? At the mediation, both parties are given an opportunity to express their point of view in a non-adversarial and comfortable environment. In most cases, the parties and the mediator will initially be in the same room. Mediation may take one or more meetings depending on the complexity of the dispute(s) at hand and the party’s willingness to cooperate. At different times throughout the mediation process, the mediator usually meets with each party privately while the other party waits outside or during separate times. The private meetings allow the parties to share information with the mediator and to come up with possible solutions and ideas before presenting them to the other party. The mediator helps the parties reach an agreement that is fair and acceptable to both sides by guiding the process, and providing the necessary information to allow the parties make informed decisions regarding the dispute(s) at hand. The parties ultimately create their own agreement. What does it mean that the mediation is confidential? It means that whatever you say in the mediation process for negotiation is confidential. This means whether it is when one of the parties is talking alone with the mediator or when both parties are present, it will not be repeated outside the mediation by the mediator. If the mediation is not successful and you go to court, the mediator cannot be subpoenaed or required to testify in court, nor can any of his/her records or paperwork be used in the court process. In other words, when the parties agree to conduct and participate in mediation for the purpose of compromising, settling, or resolving a dispute, evidence of anything said or any admission made is not admissible as evidence and may not be compelled to be given. What does it mean that the mediation is voluntary? It means that both parties must agree to mediate. If one party does not want to participate, then the mediation cannot occur.

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Testimonials

"Today was the first time we used ADR's services. This was a case we actually had little hope would settle at mediation as the parties were over $50,000.00 apart. However, thanks to Kasra's skills..."

--Kristina L. Pywowarczuk, Esq.

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--Amy L. Pywowarczuk, Esq.

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--Kristina L. Smith, Esq.

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--Jack L. Pywfffzuk, Esq.

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It takes two parties to conduct a mediation. Either party may end the mediation at any time, for any reason.

What if I don't want to settle in mediation?

The decision to settle or not during the mediation is completely your choice to make. Your mediator will not tell you what to do or make a decision for you. He/she will remain impartial and focused on providing you appropriate information regarding your situation.   If the parties are unable to come up with an agreement in mediation, then you can proceed to court!   But be ready to accept the judge’s orders that may not be to your liking at all. Another point to keep in mind also is that once your matter gets into court, you lose control over it and once a Judge issues an order, it is an order, unless you appeal it.

What if the other party does not agree to mediate?

If you would like to mediate and the other party does not, the mediator can send a letter indicating your intentions and information about mediation that may encourage to the other side to participate. Mediation is a voluntary process, and no one will be required to mediate.   When you litigate and proceed to court, in many ways it is a forced mediation ending with the court ordering what neither party wanted leaving both parties dissatisfied.

What are the advantages of mediation?

Private Mediation gives you and the other party the chance to resolve any disputes amongst yourselves cost effectively, expediently and privately. Most people are generally more satisfied with resolutions that they developed themselves, than what the court imposed on them. You can resolve your concerns in mediation in much less time, less stress and you are part of the resolution process.   Mediations are generally a much shorter process than contested litigation that can take years and thousands of dollars in attorney fees and court expenses.

If you are still unsure which way to proceed, consider consulting with both a mediator and an attorney. We offer free initial consultations. Ask questions about the procedure, time frame, costs, and payment method. Remember that you can stop mediation at any time and hire a lawyer to litigate. Or, if you’ve started working with a lawyer, you can shift to mediation, then return to a lawyer for legal advice and filing your mediated agreement with the court. By choosing to mediate, you become a part of the process because it allows you and the other party to work together. If you go to court, the judge will decide everything for you.   Both sides lose control over important decisions that will affect them.

Learn About When Mediation Can Help

Advanced Dispute Resolution specializes in Mediation, Employee-Employer Dispute Resolution Real Estate Mediation, Divorce, Attorney Mediator in California. Mediation Services also include Divorce Mediator, Work Related Dispute Resolution, Custody Mediation, Family Mediation, Premarital Mediation, Modification/Post Divorce Dispute Mediation, Real Estate Law Mediator Real Estate Law, Property Dispute Mediation, Neighbor Dispute Mediation, Title Dispute Mediator, Boundary/ Lot Line Dispute Mediation, Easement Dispute Resolution, Right-of-Way Dispute Mediation, Escrow Dispute Mediator, Intellectual Property Mediation, Licensing Disputes and Resolutions, Employee and Employer Disputes, Patent and Trademark Dispute Resolution, Medical Malpractice Dispute Mediation. Located in Sherman Oaks, CA serving all of Southern California, including Los Angeles, Beverly Hills, Van Nuys, Encino, Tarzana and all the San Fernando Valley.