In mediation, a neutral third party helps the parties resolve their dispute. Participation is voluntary and, generally, the parties must agree to mediation to begin the process. Mediation is confidential. Conversations and settlement agreements can be kept confidential.
Although mediation is usually a voluntary process, sometimes statutes, rules, or court orders require participation in mediation. Mediation allows parties to retain control of the outcome, rather than having a decision handed down by a judge or jury. Typically, it is much more efficient than prolonged litigation.
Mediation is essentially a negotiation facilitated by a neutral third party. When parties are unwilling or unable to resolve a dispute, one good option is to turn to mediation. In mediation, the disputing parties work with a neutral third party, the mediator, to resolve their disputes. The mediator facilitates the resolution of the parties’ disputes by supervising the exchange of information and the bargaining process. The mediator helps the parties find common ground and deal with unrealistic expectations. He or she may also offer creative solutions not previously considered by the parties. The role of the mediator is to interpret concerns, relay information between the parties, frame issues, and define the problems.
When people are entrenched in serious conflict, litigation can often seem to be the only alternative. However, litigation is a lengthy and expensive process and mediation provides an alternative that can help individuals and businesses find viable solutions to complex problems.
The mediation process is generally considered more prompt, inexpensive, and procedurally simple than formal litigation. It allows the parties to focus on the underlying circumstances that contributed to the dispute, rather than on narrow legal issues. The mediation process does not focus on truth or fault. Questions of which party is right or wrong are generally less important than the issue of how the problem can be resolved. Disputing parties who are inflexible and seeking absolute vindication of their rights or a determination of fault will not likely be satisfied with the mediation process.
Being trained and licensed as both an attorney and a certified public accountant, Mr. Van Buskirk can focus on the appropriate questions that lead to a greater clarity of the important issues. With the legal and financial knowledge, education and expertise necessary to keep the parties focused on the relevant issues, Mark works with the parties in finding creative, viable solutions to their dispute.
Mediation services are provided in Los Angeles, Long Beach, Orange County, San Bernardino County, Riverside County and throughout California.