Sandman Legal P.C. mediation practice focuses on business disputes unique to the expert witness industry, personal injury matters, employment cases, medical malpractice, and community-based issues. Attorney Dan Sandman attended and completed the certificate program “Mediating the Litigated Case” at the Straus Institute for Dispute Resolution, the number one dispute resolution training program in the nation, at the Caruso School of Law, Pepperdine University. He is a mediator with the Congress of Neutrals and volunteers his time with the Superior Court of California, County of Contra Costa.
What is Mediation?
Dispute Resolution/ Mediation is a process that strives to have parties mutually resolve their issues and avoid going to trial. In mediation, the opposing parties and their lawyers will meet with a third-party mediator. The mediator is a completely neutral party and does not advocate for either side. Instead, the mediator’s role is to listen and attempt to find common ground between the sides that can lead to an acceptable resolution. If the parties arrive at an agreement, it will be legally binding, and the pending legal case will be settled.
When do Parties go to Mediation?
When appropriate, parties may decide to attempt to resolve their issues through alternative dispute resolution. Mediation may also be court-ordered. In many jurisdictions, it is common for a judge to mandate that the parties attempt mediation before going to trial. Other times, certain contracts will have clauses that parties will first attempt to resolve disputes through mediation.
Benefits of Mediation
- Faster than going to trial: Court cases can take a while, and delays and postponements create headaches. While some cases can drag on, a mediation settlement can sometimes be reached in a matter of hours.
- Less costly than going to trial: Building a court case takes a lot of time and effort for everyone involved. It can be quite surprising how quickly attorneys will accumulate billable hours. A mediation agreement will end a case and provide a cheaper solution. Additionally, mediation can save businesses money by facilitating a resolution to workplace conflicts.
- You have more control over the resolution: In court, the judge or jury will have the sole power to decide your case. In mediation, you have a chance to contribute and have a say in how your case is resolved.
- Confidential: Every participant must sign a confidentiality agreement before the mediation. Everything that is said in mediation is confidential, no matter the outcome. This is different from a court case, which will be a matter of public record.
- Less Formal: A mediation meeting will be held in a less formal setting than a courtroom. A lot of people benefit from being able to talk about their dispute in a less intimidating and nerve-racking atmosphere. Since the Covid-19 pandemic, many mediations have taken place online, making mediations easier and more accessible than ever before.
Choose the Right Mediator – Contact Sandman Legal P.C.
The majority of cases settle before ever going to trial, and a great percentage are settled through mediation. However, your chances of success at mediation will largely depend on having the right mediator. Contact Sandman Legal P.C. today for more information on our mediation practice.