Mediation is generally conducted with a single mediator, this mediator does not judge the case or make decisions, but simply acts as the communicator between two or more parties. The mediator's goal is to help facilitate discussion between the separate parties and attorneys in order to hopefully reach a resolution and resolve a dispute.
Paul G. Minoletti provides mediation services in San Mateo, CA and the surrounding areas, in an effort to reach a mutual agreement between separate parties and attorneys in an effort to avoid the time and coast of court. In the state of California, it is required that almost all lawsuits be mediated or arbitrated prior to the court allowing a trial. With the assistance of Paul G. Minoletti's mediation services, you could potentially remove the need for a court docket and avoid a trial, creating a more efficient and cost effective solution.
Litigation is generally something people seek to avoid. It's expensive, time consuming, emotionally draining and unpredictable -- until a judge or jury decides the case, you can never be certain of the outcome. Because litigation is so inefficient for most of us, alternative dispute resolution, such as arbitration and mediation, has become increasingly popular. But before moving forward with possible alternative dispute resolutions, you should first know the difference between arbitration and mediation.
Arbitration and mediation are similar in that they are alternatives to traditional litigation, and sometimes they are used in conjunction with litigation (opposing parties may first try to negotiate, and if that fails, move forward to trial). Both arbitration and mediation employ a neutral third party to oversee the process, usually a retired judge or experienced attorney. It is common to employ mediation as a non-binding process and arbitration as a binding process. In simpler terms, binding arbitration replaces the trial process with the arbitration process.
Arbitration is sometimes conducted with a panel of multiple arbitrators who take on a role like that of a judge, make decisions about evidence and give written opinions (which can be binding or non-binding). Arbitration is generally conducted with one arbitrator agreed upon by the parties, or if no agreement can be made, appointed by a judge.
Mediation, on the other hand, is generally conducted with a single mediator who does not judge the case or make decisions but simply helps to facilitate discussion, by meeting separately with the parties and attorneys with the goal of eventual resolution of the dispute.
Mediation has enjoyed increasing popularity as an important part of the litigation process. For example, here in California, almost all lawsuits are required to be mediated or arbitrated (non-binding) before a court will allow them to be put on the trial calendar. The reasoning behind this requirement is that mediation has proven effective in reducing court dockets and trials, and offers a more efficient, cost-effective option to litigation.