More and more, people are turning to alternative dispute resolution to settle their legal disputes. The time and expense of litigation makes it difficult to see a legal dispute all the way through trial. Some people – especially individuals and small business owners – are unable to pursue their valid legal claims at all, because litigation is so prohibitive. You don’t have to forego your legal rights in order to avoid litigation. Mediation has become a popular and efficient method for enforcing legal rights through a fair settlement process. Learn more about how San Francisco mediation services can save you time and money while still allowing you to enforce your legal rights.
There are several different forms of Alternative Dispute Resolution (ADR). Sometimes parties are able to negotiate a settlement simply by sitting down with their lawyers and discussing the case honestly. Arbitration is another option. In arbitration, the parties present their case to a qualified arbitrator (often a retired judge or attorney). The arbitrator then makes a decision that is binding on the parties. This can make it difficult for parties to discuss the case honestly in order to settle their differences.
Mediation is an effective hybrid of these two programs. Like negotiation, the parties and their attorneys will sit down to discuss their dispute honestly. Like arbitration, there is a professional there to guide the process. A mediator is usually a practicing attorney or judge who can give opinions about the strength and weaknesses of each party’s arguments. A mediator’s goal is to negotiate a fair settlement that all parties can agree to. The mediator cannot make binding decisions, so the parties can always default back to litigation in order to resolve the case. But the process of honestly discussing the dispute is an effective tool for reaching a fair settlement offer.
Almost any type of civil claim can be negotiated with the assistance of a mediator. Here at Olivier & Schreiber LLP, our experienced mediators handle many claims, including:
Mediation is not appropriate for all cases. If the parties are not willing to discuss settlement at all, then the mediation process will not be very effective. In some cases, there could be restraining orders that make it unsafe for the parties to be in the same room. (This is more common in family law cases, but similar legal orders could complicate other types of civil claims mediation, as well.) There could be many other similar barriers to success. Consult with a mediator about your specific case before making any decisions about how to resolve your legal dispute.
The experienced mediators at Olivier & Schreiber LLP have years of experience using alternative methods to resolve all types of cases. Our San Francisco mediators help parties resolve their legal disputes to avoid the time and expense of litigation. Call (415) 484-0980 or visit our website to schedule your consultation today.
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