LAW OFFICE OF DERRYL H. MOLINA

TRUST YOUR TRUST TO US

Home   Estate Planning    Elder Law    Trusts    Wealth Management    Mediation    Probate   

OVERVIEW:Mediation is a process by which a neutral third-party helps resolve a dispute between two or more other parties in private meetings without the court's limitations. In this non-adversarial approach to conflict resolution, the role of the mediator is to facilitate communication between the parties and help them focus on the real issues of the dispute. The mediator makes no decisions; the participants themselves arrive at joint decisions. In the mediation, the participants join forces to list and agree upon options that meet the interests or needs of all relevant parties thereby resolving the conflict. A successful mediation effort has an outcome that is accepted and owned by the parties themselves.

Important aspects of Mediation. Unlike a court litigation, mediation is:

• Informal and Voluntary - Any participant can leave at any time for any reason, or no reason.
• Collaborative - Because no participant in mediation can impose anything on anyone, everyone is motivated to work together to solve the issues and reach best agreements.
• Controlled by Participants- Each participant has complete decision-making power and a veto over every provision of any mediated agreement. Nothing can be imposed on you.
• Confidential - Mediation is confidential by statute, by contract, by rules of evidence and/or by privilege. Only the signed mediated agreement is admissible in court. The mediator must explain mediation confidentiality and its limitations, including confidentiality for any "caucus meetings" between the mediator and individual parties.
• Impartial, Neutral, Balanced and Safe - The mediator cannot favor the interests of any one party over another. The mediator cannot favor a particular result in the mediation. The mediator's role is simply to enable parties to reach agreements in a voluntarily and informed manner. The mediator will not allow any coercion or intimidation.
• Self-Responsible and Satisfying Because participation is voluntary and the resolution is developed by the participants, satisfaction with the agreement and the likelihood of compliance are greater through mediation than through court options.
• Informed - Mediators will encourage parties to obtain legal counsel and to advise them to have any mediated agreement involving legal issues reviewed by independent legal counsel prior to signing. The parties may have counsel present during the mediation or present the agreement to a lawyer when the mediation is completed. Whether legal advice is sought is, ultimately, a decision of each mediation participant.

Benefits of Mediation

• Builds parties' self-esteem
• Empowers parties to control their own destiny
• Allows parties to state and understand their concerns
• Permits parties to learn to hear others' concerns
• Forges a sense of responsibility instead of blame
• Fosters hope instead of frustration
• Reduces tension, fear and anger by allowing parties to share in developing joint solutions
• Creates a mutual agreement where both parties win.
• Permits future relationships among the participants
• Comparatively quick process compared to litigation
• Conducted in a safe location, not a courtroom

 

Where Mediation is Used:

Mediation is a desirable alternative to lawsuits. In long-running, deep-rooted conflict, such as divorces, will contests, contested conservatorships, breaches of contract, landlord-tenant disputes, conflicts between neighbors, and so on, an individual who feels injured immediately thinks of suing in court. A mediation can prevent the financial expense, the emotional cost, and the extended time to reach a judgment, in which one party will lose, that a lawsuit, by definition, entails. Mediation is useful for dealing with either the conflict as a whole or with limited aspects of the wider conflict.

How Mediation Works:

• All parties meet the mediator(s) in the same room.
• The concerns are defined through questions by the mediator(s) to the parties.
• Once concerns are identified, parties may talk to one another or break into rooms to talk separately with the mediator(s).
• Problem solving and brainstorming session for solutions together or separately.
• An agreement is worked out and written down. The agreement is signed.

Types of Mediations:

• Mediation that focuses on settlement is sometimes termed problem-solving mediation.
• Mediation that focuses on relationships is called transformative mediation.

Cost of Mediation:

Our office charges $350 per hour or pro-rated portion thereof for the mediation. The fee will be paid by the party or parties agreed upon by the participants at the start of the mediation and will be included in the fee agreement executed between the participants and the mediator before the mediation begins. Payment for completed hours of mediation must be made by cash or check at the conclusion of each day of mediation.