Davis & Brown, LLP, Attorneys at Law, 2033 North Main St., Ste. 355, Walnut Creek, CA 94596 Tel.: 1 (925) 933-3737
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Types Of Matters Conducive To Mediation
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| What Types Of Matters Are Conducive To Mediation? | |
| Those That Involve A Continuing Personal Or Business Relationship: | Mediation is particularly suited for disputes between parties that desire to, or by circumstances are required to continue a personal or business relationship beyond the resolution of their dispute. For example, neighbor to neighbor, subcontractor/supplier, lender/borrower, consumer/business, partnership, corporate, homeowner association, construction, employment, and real estate disputes can often be handled through Mediation in a manner that permits the parties to continue their relationships after their dispute is resolved. |
Highly Emotional Matters: |
Because of the confidential and informal nature of Mediation many parties find it easier to express themselves in a forum that they later know will not be used against them. Thus, emotionally charged matters, such as compromising or embarassing allegations and moments that form the basis for disputes, can often be handled much more civilly and quietly free from the prying public eye. |
Requests For Equitable Relief: |
In a legal action the Court will decide what it believes to be the proper equitable relief to be ordered, whether or not desired by the parties. Obtaining pre-trial equitable relief is expensive, uncertain, and may not ultimately addressed the parties concerns or interests. Mediation provides the potential to reach agreements with respect to pre-trial and permanent equitable relief at an early stage in the proceedings in accordance with the desires and agreements of the parties, not the fiat of a court. Thus, Mediation is particularly effective in unfair business practice, unfair competition, trade secret, trade and service mark, defamation, trade libel, and co-owner disagreements and disputes. |
| Those Where Damages Or Compensation Are Subject To Neutral Evaluation: | A cost-effective method to resolve personal injury and property damage disputes is Mediation. The parties have the opportunity to evaluate, at an early stage, the strengths and weaknesses of, and arguments and counter-arguments to, their respective positions, and use the opportunity to compromise and resolve their disputes to avoid the consumption of time by, and expense of, litigation. |
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Davis & Brown, LLP, Attorneys at Law, 2033 North Main St., Ste. 355, Walnut Creek, CA 94596 Tel.: 1 (925) 933-3737
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