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S ETTLE Y OUR D ISPUTE. W ITHOUT G OING TO T RIAL. T HE F ACTS. 95% of cases settle before trial. Mediation promotes quicker , cost effective settlements California Courts are successfully using Mediation, including the Federal Courts. W HAT I S M EDIATION ?.

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SETTLE YOUR DISPUTE

WITHOUT GOINGTO TRIAL


THE FACTS

  • 95% of cases settle before trial.

  • Mediation promotes quicker, cost effective settlements

  • California Courts are successfully using Mediation, including the Federal Courts.


WHAT IS MEDIATION?

  • An Alternative Dispute Resolution (ADR) Process

  • Assisted Negotiations

  • Experienced Neutral (Mediator)

  • Party Participation

  • Voluntary

  • Confidential (Las Vegas)

  • Informal & Flexible Process (not just money)

  • Expeditious & Cost-Effective


HOW DOES MEDIATION START?

You may start it, by asking.

Judge may recommend.

Attorney may recommend.

Parties may agree.


THE MEDIATOR:

  • Brings decision makers together.

  • Assures all points of view are considered respectfully.

  • Keeps focus on resolutions that work for both sides.

  • Maintains & ensures confidentiality.


WHAT DOES THE MEDIATOR DO?

  • The Mediator:is neutral, facilitates communication, adds experience (at least 5 years of practice in civil litigation) & expertise, and keeps focus on settlement.


HOW DOES MEDIATION WORK?

  • Parties meet together in confidential joint sessions

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  • Parties consult individually in private and confidential sessions


MEDIATOR AND RESOLUTION

Mediators help parties move beyond impasse:

  • Find areas of agreement

  • Brainstorm together for new approaches to settlement

  • Evaluate offers and alternatives


WHEN IS MEDIATION APPROPRIATE?

  • Always – It’s a win-win process.

    • Before communication closes

    • Alternative to litigation

    • Any time before trial

    • Post judgment


W hat t ypes of c ases g o t o m ediation
WHAT TYPES OF CASES GO TO MEDIATION?

  • General Civil

  • Auto Accident (PI or fender-benders)

  • Construction Defects

  • Landlord/Tenant (unlawful detainer)

  • Neighbor Disputes

  • Product Liability

  • Consumer Fraud


FIND &SELECT AMEDIATOR?

Court Website – www.stanct.org (all Stanislaus Superior Court Mediators are professionally trained & certificated.)

Bar Association

Your Attorney


HOW MUCH DOES MEDIATION COST?

  • Mediators charge by the hour (which usually can take between 4 and 10 hours.)

  • Parties split the costs

  • Quicker and cheaper then litigation (The average run-of-the-mill personal injury case costs >$25,000 without a jury trial.)

  • Community-based Mediation is Free (small claims & landlord tenant)


WHY MEDIATE?

  • Flexible & informal

  • Voluntary

  • Confidential

  • Parties participate and make decisions

  • Promotes quicker, more cost effective settlements

  • Reduces stress through communication

The Stanislaus Superior Court supports and encourages you to use the Mediation Process.


WHERE CAN IGET MORE INFORMATION?

  • www.stanct.org

  • (209) 525-6303 – ADR Coordinator

  • (209) 524-3784 – Small Claims Advisor

  • (209) 236-1577 – Community Mediation Services


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