How is the process initiated?

Mediation can be instituted at any point – as a first step in the attempt to resolve a dispute, before a formal lawsuit is instituted, during litigation, or after a decision or verdict and before or during an appeal process. You can offer the process to your adversary, and if she or he agrees, you simply call to set up a hearing date. If you are represented by counsel, you can ask that it be explored. More and more courts are requiring some form of alternative resolution be exhausted – including mediation – before a matter is eligible for formal courtroom determination.

How does it work?

Typically, the parties prepare and submit written briefs outlining their positions and issues to be determined. A hearing date is selected and the parties gather, usually in a conference room setting. After an initial joint discussion presided over by the mediator, the parties are segregated, and the mediation process begins, with private discussions back and forth, designed to crystalize the positions and accomplish settlement and resolution. The process can last for hours, and in complicated matters, may require multiple sessions. It is confidential, and the parties agree not to refer to the negotiations in the event settlement efforts fail.

What is the cost?

Depending on the complexity of the issues, and the number of parties involved, the mediation process itself may cost each party $150 per hour or more for the mediator’s time, plus expenses, often with a minimum required fee. It is not unusual for a successful mediation to save the parties untold thousands of dollars in avoided costs, possibly years of protracted litigation, and an unpredictable end result.

abouzeid@abouzeid-law.com

Abouzeid Law
 P.O. BOX 3591
 Carmel, CA 93921

831-760-2566