Well-known mediator and arbitrator, Daniel F. Quinn answers questions clients most often ask, when they are considering alternative dispute resolutions to solve their commercial and civil disputes.
What is mediation?
Mediation is a voluntary process that allows parties with an active dispute or a potential dispute to mediate with a neutral mediator in an effort to resolve existing problems.
Is the process confidential and privileged?
The California Evidence Code mandates that all written materials and all discussions are inadmissible in court for any purpose.
Is mediation effective?
A significant percentage of disputes are resolved during the mediation process or during telephone conferences soon thereafter. Speedy resolution is especially achievable when all parties lay their options on the table and recognize the risks and benefits of proceeding further. When parties weigh the unfortunate cost of bringing disputes to an ultimate conclusion, they are often compelled to resolve their dispute through mediation.
Why do you think mediation works?
Mediation provides a platform where people can make a sensible deal. Intelligent people, who volunteer for a resolution process probably or at least subconsciously, want the process to work. People don’t take time off from busy lives and spend money on hourly rates to waste their own and everyone else’s time.
Furthermore, ideas and responses can be communicated through the mediator in a non-confrontational manner. Subjective emotional elements such as guilt, anger, hostility, unreasonable expectations, can be taken out of the mix. The neutral mediator can serve as a resolution facilitator, making sure all sides understand the relative strengths and weaknesses of their positions.
If a court or jury can resolve a case, why mediate?
Often, confrontational persons with significant economic leverage do not realize there is a down side to dragging everyone else through litigation. The top reasons to seriously consider using mediation to resolve your business dispute are:
- The potentially winning side must bear significant expenses to conclude a legal confrontation.
- The potentially losing side can also lose things like pre-judgment interest costs, and attorneys’ fees incurred by the winning party, in addition to their own costs and expenses.
- Mediation allows parties to resolve their difficulties privately without publicity.
- The litigation process can be lengthy, especially if appellate remedies, which can often take many years before conclusion is reached, are sought.
At the law firm of Quinn & Kronlund, we have a proven track record for successfully resolving the “unresolvable.” When you need the expertise of a problem solver to find practical, business oriented solutions, please call our office at 209-243-3950 to arrange an appointment. Learn how a certified mediator or judicial arbitrator can help you resolve your commercial or civil dispute.
Mediation - Frequently Asked Questions
