Mediation is the second most widely recognized “ADR” process. Mediation, like settlement, is a formalized and labeled means of resolving disputes which remains throughout in the total control of the parties. Mediation, in its formal sense, is a process, facilitated by a professional labeled as a “mediator,” by which the parties themselves come together and agree. There is no verdict, decision, ruling or award by any third party. There is nothing to which to object, or from which to appeal.
Where Mediation Can Work
The success of mediation depends upon only three things:
- The willingness and preparedness of the parties to reach agreement;
- The participation of all parties necessary in order to reach a complete resolution of the issue or issues in dispute; and
- The ability of the mediator to bring the parties to the point of agreement.
Mediation is recommended when the parties and the situation are such that all three success requirements, as listed above, are present. With respect to preparedness, it is generally recommended that the parties mediate with the assistance of counsel, and that they participate in mediation with full knowledge of the facts involved and the law that would otherwise govern their particular dispute.
After and with the representation of counsel, mediation is a highly successful dispute resolution alternative in virtually all areas of the law, including securities, real estate, family law and employment.
Virginia Gaburo has represented numerous parties in mediation proceedings, has served and presently serves as a Mediator for the San Diego Superior Court, has extensive mediator training, and has many years of successful mediation experience.