The success rate for parties that self-select mediation is approximately ninety (90%) percent.
MEDIATION WORKSMediation is a form of "Alternative Dispute Resolution." It is one way in which disputing parties can resolve their disputes without going to court. It is an alternative to adversarial courtroom litigation. Mediation is a completely voluntary and confidential process that can begin at any time during a conflict. Mediation can still be entered into even after a lawsuit or divorce petition has been filed. Mediation is quickly becoming popular and widespread because of the benefits to the courts and to parties in having disputes resolved using far less time and money and without overburdening court resources. However, time and cost-savings are only part of the benefits of mediation.
Many people continue to be unfamiliar with the mediation process and what to expect. South Bay Mediation offers a full hour of FREE CONSULTATION to help the parties understand how mediation works and how the process might move forward in their particular case.
PARTIES ARE DECISION MAKERS
A key benefit of mediation is that the parties are their own decision makers. There is no judge to impose an undesirable settlement or award on any party. In mediation, an independent third party is brought in to act as a "neutral" to help parties resolve their conflict. This neutral third party, or "mediator," is trained to facilitate communication between disputing parties and to skillfully guide the parties toward resolution of disputes in a manner which is mutually beneficial to all parties and to find solutions which satisfy everyone and do not result in one party "losing" to the other party. The mediator's job is to work with the parties to allow communication between the parties in a productive and cooperative environment where the parties' goals are the same: to find a resolution to the dispute that works for the particular parties in the dispute and which saves everyone time, money and further litigation.
PRIVACY & CONFIDENTIALITY
Another key benefit of mediation is that it is a confidential and private process. All parties are required to sign a confidentiality agreement prior to beginning the mediation. This means that nothing that is said, done or prepared for the purpose of mediation can ever be used against any party in court or anywhere else. At no time can the mediator be asked to appear in court on any party's behalf. The exception to this confidentiality rule is that any Settlement Agreement which is prepared as a result of the mediation is generally not confidential in part because it may need to be filed to be enforced.
WHAT CASES CAN BE MEDIATED?
Any case can be mediated. While South Bay Mediation leans on Eric Piety's skills and expertise in human behavior to mediate disputes that may be highly emotional and challenging to lessor skilled mediators, South Bay Mediation will handle any personal, family, or business dispute that needs resolution. These including landlord/tenant disputes, contract and other business related disputes, employment matters, divorce and other domestic and family matters as well as estate planning and probate disputes.
UNBIASED & NEUTRAL
It is important to recognize that the mediator is hired by all of the parties to the dispute and therefore does not represent any individual party. The mediator will not give legal advice or make judgments about who is right and who is wrong. Our job is to remain unbiased as we assist the parties in creating solutions considered they can all live with.
WHAT ABOUT ATTORNEY'S?
Depending on the type of case, attorneys may or may not be present in the mediation. There is no requirement that attorneys be present at mediation, regardless of whether attorneys have been retained or not. Attorneys may be present, may be available by telephone or may be available for later consultation with individual clients, if desired.
THE RIGHT CHOICE
Most disputes are emotionally draining in addition to being a drain on time and finances. A mediated dispute puts the clients in control of their own solutions and provides significant time and financial savings so that the parties can start to put the dispute behind them and move on with their lives.