Mediation

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Mediation in San Diego

As a leading San Diego employment attorney, John P. Martin, Attorney at Law, is committed to aiding parties through this process, advocating on their behalf to secure their rightful position and compensation.

A Strategic Alternative to Litigation

Mediation, an alternative dispute resolution method, allows disputing parties to negotiate an agreeable resolution guided by a neutral third party – the mediator.

The mediator is not there to make decisions or judgments; instead, they facilitate the negotiation process, ensuring that it is productive and that all parties are heard. Unlike a judge or an arbitrator, the mediator doesn’t impose a solution but aids the disputing parties to reach a mutually beneficial agreement.

As an example: Jane, a Silicon Valley software engineer, believed she was overlooked for a promotion due to her gender. She saw a pattern of her company favoring less experienced male colleagues. When her concerns remained unresolved internally, she considered suing for gender discrimination.

However, considering the costs, time, potential reputation damage, and stress linked to litigation, Jane chose mediation instead. The company also saw the benefit of avoiding a lawsuit and agreed to mediation. A neutral mediator facilitated a dialogue between Jane and the company. Ultimately, this process led to a mutually agreed resolution.

Trust Your Mediation Needs to John P. Martin, Attorney at Law

Comprehending the complexities of mediation is pivotal to securing successful outcomes. As your dedicated California employment attorney, John P. Martin skillfully maneuvers through this process, offering strategic services that include but are not limited to…

Mediation Representation: John P. Martin provides expert representation for his clients during mediation sessions, ensuring their interests are effectively communicated and defended.

Mediation Process Guidance: He provides a step-by-step walkthrough of the mediation process, ensuring clients understand the procedure, their rights, and what to expect at every stage.

Legally Binding Agreement Drafting: He drafts detailed, legally binding agreements following a successful mediation, clearly outlining each party’s responsibilities and expectations to avoid future disputes.

Staunch Advocacy: Throughout the entire process, John P. Martin staunchly advocates for his clients, striving to achieve justice.

Conflict Resolution: Leveraging his knowledge and strategic approach, he helps resolve conflicts between parties amicably, minimizing the potential for further legal disputes.

Neutral Mediation: While representing his clients, he also serves as a neutral mediator who helps parties reach mutually beneficial agreements.

Personalized Service: Every client’s situation is unique, so he provides tailored services to match the individual needs of each client.

Confidentiality Assurance: As part of his professional duty, John P. Martin ensures that all matters discussed during mediation remain confidential, protecting his client’s interests.

Negotiation Strategy: He helps formulate negotiation strategies that aim to achieve the best possible outcome for his clients. His experience and knowledge in employment law make him a strong ally in these discussions.

Your Mediation Advocate in San Diego, California

Mediation processes are typically confidential, and this applies regardless of whether a resolution is achieved. The views expressed by the mediator are mere opinions and shouldn’t be taken as a determinant for resolution decisions.

Understanding the value of an alternative to traditional litigation, John P. Martin, Attorney at Law, offers a comprehensive array of services fine-tuned to cater to your mediation needs. As your San Diego employment lawyer, John P. Martin is devoted to defending your rights and representing your interests with unmatched integrity.

Let us guide you through your mediation process. To learn more about our mediation services, or to schedule a consultation, Reach out to us. With John P. Martin, Attorney at Law, you gain more than a lawyer – you gain a dedicated advocate who is on your side every step of the way.

DO YOU NEED AN ATTORNEY TO MEDIATE?

No, although many parties do have counsel to assist them.

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WHO TO SELECT AS A MEDIATOR?

Choosing the right mediator has a large impact on the outcome. Some mediators have a passive approach, others a stronger “hands on” approach to assist the parties. John P. Martin has been a litigation attorney for over 19 years, handling as an attorney cases as large as class action cases, and as small (but important) as neighbor disputes. Mr. Martin also serves as a Judge Pro Tem for the San Diego Superior Court Small Claims Division and has served as a famly law settlement judge as well. Mr. Martin’s practice focuses on civil litigation, including complex class action employment cases. Our philosophy in mediation is that the issues in dispute are important to you, however large or small, and that the parties may get together even prior to litigation to try and fashion a binding solution.

SOME BENEFITS OF MEDIATION:

Understanding the parties and issues better with the assistance of a mediator
Crafting a settlement of the dispute that is a “win-win” for everyone involved.
Saving time, money, hassle and inconvenience that comes with contested issues in litigation and avoid an uncertain outcome.

WHEN CAN I MEDIATE?

Anytime, including prior to litigation.

IS MEDIATION CONFIDENTIAL?

Absolutely, the parties must agree that anything said in mediation is confidential for settlement purposes only and the mediator is a neutral party and cannot be called upon to testify.

IS THERE A DOWNSIDE?

Not really, except you do risk some time and money that goes into the mediation process. However, often it is possible to learn new things and understand the other party’s perspective, which will help facilitate and may lead to ultimate settlement. If an agreement is not reached, mediation is not binding, and can be terminated at any time. The power rests in the parties.

WHO SHOULD BE PRESENT AT MEDIATION?

Any person who has ultimate authority to resolve the dispute. This includes the parties and their attorneys, but can also involve corporate persons, and insurance personnel as well.

WHAT IF AN AGREEMENT IS REACHED?

The parties sign a document often called a “memorandum of understanding” which the parties intend to be a binding contract on the parties. This may be used by the parties outside of the mediation.

In short, parties’ problems are often complex, and above all important to them. Both sides have different views and desired outcomes, and it is important to consider a mediator skilled to assist the parties in coming up with their solutions and properly explore them.

If you need a mediator committed to resolving your issues, we stand ready to assist you.

What Our Clients Say

JPM What can I say about Mr. John Paul Martin that hasn't already been said. This man is a great lawyer and even more than that he is a great human being! I came to know John during a case where he was the lawyer for the class and I was one of the reps. John didn't just care about the case he cared about me as a human being. He would call me just to chat about whatever. How many lawyers let alone friends do that. We still talk to this day.

Eddie Alvarado

We retained Mr. Martin's services in connection with employee related issues, and we needed someone to advise us to prevent such incidents occurring within our company. Mr. Martin's professionalism, candor, and research was greatly appreciated, and we were able to resolve our issues with his assistance, and to minimize the risk further incidents will occur. We are very appreciative of John's legal guidance, and I would not hesitate to recommend him for his professional services.

J. Servin

John represented me with very favorable results in two employment cases: one wrongful termination and one for discrimination. John is an expert in employment law and brilliant in his thinking about a case. He has an amazing ability to craft profound arguments for a case and is so creative in finding flaws in the arguments he is presented with. What I appreciate most about John, aside from getting favorable results, is that he cares about his clients and is dedicated to helping those who have been wronged.

Jonelle G.

If you are looking for an attorney with plenty of experience in handling difficult cases,Mr. John Martin, Esq. is your best candidate. John Martin persevered and won one of the most difficult cases when he fought against Sears Roebuck & Co. for the rights of myself and thousands of co-workers. The case involved years of investigative and collective work by Mr. Martin that included collecting information from the thousands of co-workers through discovery, and depositions. With due diligence, wisdom and innovative and creative lawyering, Mr. Martin prevailed in a case that set laws and standards within the work industry for tens of thousands of employees and collected and distributed compensatory damages to thousands of class members. Mr. Martin is a solid choice when it comes to finding an attorney that will lead a case with determination, detail, focus and above all, in the best interest of his client(s). He will always be my first call should I need legal assistance for employment law or civil litigation. Besides being an intelligent and sharp-witted adversary for any defense counsel to contend against, he also always puts his clients first and foremost.

J. Moldowan

It gives me great pleasure to recommend Mr. John Paul Martin for your legal representation needs. I have had the pleasure of knowing John for the past 20 years. John represents his clients with meticulous detail and professionalism. He puts forth an impeccable work ethic, keen courtroom presence, coupled with his skills as a strong constitutional litigator. John holds a very deep sense of personnel responsibility to his clients. He represented me in a very complex constitutional case, of due process, in Federal Court. He won the case handily in what can only be categorized as a David vs. Goliath case. John kept me fully informed, throughout the entire process, even on the most intricate of details. It is John's level of personal commitment to his clients and strong professional attention to detail that allow me to highly recommend John for your legal representation needs.

Mark P. Christianson

I highly recommend John P. Martin to represent you. John's representation in my case was OUTSTANDING. John lived my case and worked extremely hard on making sure justice was served. John is very knowledgeable of the law, is very creative and is a man of integrity. John will fight for you to the fullest.

J. Barney

I retained John P Martin twice for important legal matters, and John cared deeply about my cases, and I was happy about the results from both. I would not hesitate to recommend John, he knows his facts and law, and I still call him A.A.T.L. (Awesome Attorney At Law). In my opinion, this moniker is truly earned.

F. Wright

Send Us a Message

Our unique approach to litigation has allowed our firm to handle a diversity of problems at reasonable fees for our clients. If quality of service and responsible representation matter to you or you need your problem mediated by a neutral, but creative professional give us a call and decide for yourself. There is a difference.
We look forward to hearing from you.

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