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El Cajon, CA 92021
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Mediation is a process in which parties come together in order to resolve a dispute, to save time, money, inconvenience and uncertainty that comes with litigation. The mediator is an objective party whose role, above all, is to facilitate negotiations and empower the parties to find their own solutions.
DO YOU NEED AN ATTORNEY TO MEDIATE?
No, although many parties do have counsel to assist them.
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:
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 and creative to come up with solutions and properly exploreIf you need a mediator committed to resolving your issues, we stand ready to assist you