Mediation Services

Mediation is often compared to arbitration, and the two are similar in many ways. But while arbitration is more akin to a trial, leading to a decision by a third party, mediation is more of an interactive negotiation by the third party. In fact, the two parties are ultimately responsible for exchanging information, bargaining, and eventually coming up with a solution or a series of steps in order to resolve the dispute. The third-party mediator doesn't decide for them, but rather helps interpret concerns, relay issues, define problems, and encourage solutions.

Once a resolution is reached and agreed to by the parties, it typically carries the weight of a legally valid contract (but this often depends on the particular law or jurisdiction). Some meditations become court judgments. But if an agreement is not reached, the parties may pursue arbitration or a lawsuit.

The court setting are often very formal, intimidating places. Most court systems have somewhat complicated rules of procedure that are strictly followed. Failure to follow the procedure can result in your case getting thrown out of court and a waste of your time and effort. To make matters worse, the evidence a court can consider in its decisions is limited. Most people who go to formal trials hire attorneys who are experts in procedure and evidence rules, but these attorneys typically charge by the hour. Trials (and the preparation before they start) can last weeks, months, or even years, which makes going to court an expensive endeavor.

Although long trials are sometimes necessary for the resolution of a case, there are alternatives to a trial. Many people choose instead to negotiate directly with the opposing party to reach an out of court agreement. However, tensions between the two parties might make these direct negotiations difficult, if not impossible. Parties who not think they should talk directly to the opposing party but still wish to avoid a trial may consider arbitration or mediation.

How Arbitration Works

Arbitration is a quicker, lighter version of trial. In arbitration, both parties pick a third person to decide their case. Usually, this third party, called an arbitrator, is an expert in the legal field at issue. Each party has a chance to tell his story, and the rules of evidence are much looser. The arbitrator then considers the case and makes a decision based on her understanding of the law. Sometimes, the arbitration is considered "binding," which means that it usually cannot be reviewed or changed by a court. If the arbitration is not binding, the parties can still go to court if they disagree with the decision, or they can follow the arbitrator's ruling.

What Mediation Can Do for you

By contrast, a mediator does not make a decision for the parties, but rather helps the parties reach a decision on their own. Mediators are also experts in the field, and use their expertise to have frank discussions with each party about their legal rights and liabilities. If the parties reach an agreement, the mediator will help them put the agreement in writing and get it approved by a judge. That agreement is then the binding order of the court. Mediation is a popular choice in legal areas like family law, often fraught with high emotions, since mediation can help the parties come to unique and creative agreements that a court might not be able to reach.

Sometimes lawsuits are the only way to resolve a dispute, particularly when the parties are unwilling to compromise or even communicate directly with one another. But if there's a chance an amicable agreement may be reached, mediation has many advantages over traditional lawsuits. Ultimately, the parties have much more control over the process. Advantages of mediation over traditional civil actions include the following:

  • Quicker than lawsuits, typically just a few days or weeks
  • Less expensive
  • Less formal, more flexible
  • Confidential, unlike court cases
  • Better results and compliance

While mediation is a particularly effective means of resolving disputes out of court, particularly those involving close or complex relationships etc.

Law Office of James M. Barrett PLC
100 W. El Camino Real, Suite 81
Mountain View, CA 94040

Tel: (650) 969-3687