Mediation

Mediation is the resolution of a dispute by a neutral or mediator, often a retired judge, through wholly voluntary negotiation.  Unlike an arbitration, which involves a hearing like a bench trial before a judge, and involves presentation of evidence and rulings as if in a court, the mediation is simply a directed negotiation process, in which both sides rely on the Mediator to help bring the matter to a resolution. The neutral or mediator engages in a kind of shuttle diplomacy, usually moving back and forth between two separate conference rooms, where the respective representatives for the employer and the employee are situated. Often, there will be a joint session, the one and only time all the parties get together. Each side presents their view of the controversy. Prior to the Mediation, each side will present briefs stating their legal positions to the Mediator. The Mediator seeks to facilitate a settlement. He does not preside over a hearing, or make "rulings" of any kind. It is all voluntary.

A good mediator, whether a retired judge or specialized attorney, can be a tremendous asset to the process. The mediator frequently plays "devil's advocate" in each room, explaining the vulnerabilities of their respective positions, and showing how a settlement is to the mutual advantage of the parties. A skilled and experienced mediator will frequently draw the parties to the conclusion of dispute, which will then be memorialized in a "Settlement Agreement" reflecting the basic terms of the resolution reached.

Although no evidentiary rulings are made, preparation can be the key to a successful mediation. Rubin Law will prepare intensively for such sessions, analyzing the legal and factual issues, creating legal briefs and timelines and other displays to assist in fostering a settlement of the case. For litigated cases, references to deposition testimony, documentary evidence such as emails or contracts, and the use of affidavits from favorable witnesses, can be crucial to receiving a favorable outcome.  Interestingly, most litigated cases, are ordered into Mediation in cases filed in Los Angeles County, so whether a case  is mediated at the outset or not, it may well end up in such a forum later.  Of course, even a case ordered into mediation by a court is still subject to trial if the mediation does not lead to resolution.  In some tough cases, mediation may occur several times before a settlement is finally reached, if one is reached, before trial.

Rubin Law Corporation - (310) 385-0777 Specializing in Contract Law Services Contact us today for a consultation!