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S ETTLE Y OUR D ISPUTE

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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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Presentation Transcript
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SETTLE YOUR DISPUTE

WITHOUT GOINGTO TRIAL

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THE FACTS
  • 95% of cases settle before trial.
  • Mediation promotes quicker, cost effective settlements
  • California Courts are successfully using Mediation, including the Federal Courts.
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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
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HOW DOES MEDIATION START?

You may start it, by asking.

Judge may recommend.

Attorney may recommend.

Parties may agree.

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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.
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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.
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HOW DOES MEDIATION WORK?
  • Parties meet together in confidential joint sessions

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  • Parties consult individually in private and confidential sessions
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MEDIATOR AND RESOLUTION

Mediators help parties move beyond impasse:

  • Find areas of agreement
  • Brainstorm together for new approaches to settlement
  • Evaluate offers and alternatives
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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
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FIND &SELECT AMEDIATOR?

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

Bar Association

Your Attorney

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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)
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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.

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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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