The parties determine the outcome.
Mediation is the intelligent alternative to adversarial win/lose courtroom litigation.
Mediation is a proven way for parties to maintain privacy, confidentiality and control of the outcome of their dispute without the time, expense, uncertainty and public exposure required by litigation in order to place their dispute in the hands of a judge or jury.
Mediation gives the parties themselves the ability to create a customized confidential solution tailored to their specific needs and interests which a judge or jury cannot do.
Mediation is a mutually agreed to voluntary process that can begin at any time during a dispute, even after a lawsuit or divorce petition has been filed.
The Mediator serves as an unbiased neutral hired by both sides, and does not represent any party individually, nor do they decide the outcome for the parties. Instead, the Mediator assists the parties and their attorneys to create a mutually agreeable, optimum solution to their dispute.
Parties who select mediation to privately resolve their differences experience a 90% rate of reaching a successful settlement in the process.
Keep Private Matters Private
Litigation is a very public forum, conducted in an open court with documents and records available to anyone. Mediation is a private and confidential process and it is parties alone who determine the outcome without public exposure or outside interference.
Take Center Stage and Be Heard
While a case clearly looms large in importance to the parties involved, it is but a scribbled line on the overcrowded court calendar where the ultimate deciders, either judge or jury are in reality, severely limited by what they may consider and decide for the parties.
In mediation, the parties and their issues are center stage. Details that are important to each side that a court may be forced to overlook, can be carefully considered in mediation.
Increase Certainty, Save Time, Reduce Cost
The question isn't whether your case will settle but when, how and most importantly, at what cost. Mediation lets parties avoid the considerable time and uncertainty of litigation. Parties who take their decision making powers back and mediate report a much higher degree of satisfaction and relief with their voluntary settlements than parties who take their case to trial and let the judge or jury decide.
Your civil dispute deserves the chance for a resolution by mediation
Whether you have an employment dispute, a contract disagreement, a construction problem, an intellectual property concern, a personal injury, or a family matter, working together we can resolve your conflict quickly, thoughtfully and economically and allow you to move forward to a better future.
Even if all matters cannot be resolved through mediation, finding areas of agreement benefits everyone by reducing the issues to be litigated.
Or give me a call at (310) 882-1853
What people are saying:
"We didn't know going into the mediation how it could ever settle, we were so far apart. I want to thank Kathryn Marshall for their patience and perseverance. It really paid off when Kathryn showed us how we could trade some items we had not considered and finally settle this case."
S.P. - Divorce
"Kathryn Marshall reads the details. She was able to articulate the weaknesses for both sides in a constructive way no one had thought of before and we settled that afternoon."
D.C. - Contract
Or give me a call at (310) 882-1853
Traditional litigation is a mistake that must be corrected… Our system is too costly, too painful, too destructive, too inefficient for really civilized people.
- Chief Justice Warren Burger United States Supreme Court (Ret.)
Our American justice system is intentionally designed to be an adversarial process where parties take opposing sides in a dispute, usually represented by lawyers who zealously advocate for their respective client's positions. This process is governed and restricted by laws and, because the court is a communal stage which must be shared with many other disputants, parties who choose litigation find themselves further constrained by the court's limited time and attention.
Parties to lawsuits often do not understand the adversarial process or what is actually involved in going through trial. Their legal educations come with a very high price tag which the parties often do not fully appreciate until they have experienced the financial and emotional costs of depositions, written discovery, experts, and countless motions. They come to realize that the trial has not even begun and they must face a long, expensive and uncertain road still ahead.
A Pause Button Mediation is a voluntary process that functions like a pause button for parties engaged in litigation, or parties contemplating a lawsuit. Mediation brings the parties together in a safe and private setting to work with an unbiased neutral, called a mediator, who will assist the parties in exploring all options for a resolution to their conflict.
Sooner than later: Mediation can occur anytime before or after litigation has begun, however, the best timing for mediation is as early in the dispute as possible, ideally even before a case is actually filed or as soon after the parties and their attorneys have all of the factual and legal issues. It is preferable to mediate before the parties have expended substantial resources on expensive motions, discovery and depositions.
Parties Control the Outcome The parties themselves stay in control of the outcome. The Mediator does not render a decision and has no power to force the parties to settle their claims. Rather than determining who is right and who is wrong, the Mediator’s job is to understand the respective parties’ positions and see where they have common ground and the potential for compromise. This helps all concerned to focus on interests and solutions rather than adversarial positions and legal arguments.
Private and Confidential Unlike litigation, which is a very public forum held in an open court with records available to anyone, mediation is confidential. Everything that is discussed during the mediation, and any documents prepared especially for the mediation cannot be used by any party outside of the mediation process, or in any portion of the litigation or trial. Mediators are prohibited from disclosing anything that goes on during the mediation, and the parties themselves sign confidentiality agreements to ensure each party's interests are protected throughout the process. This allows the parties to freely explore solutions that can address their individual interests. Parties can consider more meaningful and satisfying resolutions tailored to their specific needs that are not limited by what the judge or jury can decide.
Economical and certain Mediation is also economical and takes very little time when compared with litigation. The length of the mediation depends on the number of parties, the complexity of the issues, and how well prepared the parties and their attorneys are to commit to the process. Mediations typically last from three to eight hours while some complex cases, with many issues, may require more than one session to reach a resolution on each issue.
The time and cost spent in mediation is a tiny fraction of the cost necessary to pursue a case through trial where even one pre-trial motion may cost more than the entire mediation. Mediation carries far less risk than trial and provides certainty to the parties that they will make their own decisions without the delay, cost or interference of a judge or jury.
A good mediator will have a significant amount of litigation experience and will help the parties realistically evaluate the strengths and weaknesses of their case. The odds are excellent that your case will settle in mediation. 90% of mediated cases result in a full settlement of the parties' issues. For the small percentage of cases that do not settle completely, even a partial settlement of issues accomplished through mediation is a significant benefit to the parties by narrowing down the issues to be litigated.
The reality is, less than 5% of litigated cases will go through an actual trial. It simply makes no sense for the parties to squander their assets in anticipation of having their day in court, only to settle on the court house steps after all the money, time and aggravation has been spent. Statistics show that the parties who determine the outcome themselves in mediation while preserving the assets of both sides are the most satisfied with their final settlement and is why a successful mediation is often referred to as a "win/win" for both parties.