Davis & Brown, LLP - Attorneys at Law & Mediators

Davis & Brown, LLP, Attorneys at Law, 2033 North Main St., Ste. 355, Walnut Creek, CA 94596 Tel.: 1 (925) 933-3737

Why Mediation?	When compared to a litigated resolution, Mediation will often save money and time, relieve the parties' stress, provide for a self-determined, confidential, more creative result, permit the parties to continue relationships that they had before the disputes arose, avoid creating binding judicial preceden, and reduce uncertainty in the outcome. There is a higher compliance rate with mediated agreements than there is with Court Orders and Mediation can address the real interests of the parties in an informal setting, rather than through formal judicial action where the result can ultimately interfere with all of the parties' real interests. Some contracts require mediation as a prerequisite to a lawsuit, or to obtain attorneys' fees and costs after trial.

Save Money:	A major advantage to Mediation is the cost to reach a resolution. For example, a simple jury trial through verdict can costs tens, if not hundreds, of thousands of dollars in attorneys' fees and court and litigation costs. The judgment will likely be no better than one that could have been reach through Mediation, it is imposed upon the parties, may be entirely unexpected, and may not address the real interests of the litigants. Mediation leaves control of the process to the parties.They choose whether or not to proceed, and what costs to incur. No costly litigation proceedings are involved. In Mediation there are no jury fees, court case management appearances, or discovery procedures. Mediation can also be a successful, inexpensive adjunct to a continuing legal action in order to cut the cost and expense involved in reaching an ultimate, binding, resolution.

Save Time:	Today, it can take up to five years from the time a court action is filed until it gets to trial. If appeals are taken, it can be several more years before the dispute is fully and finally resolved. Usually, by the end of one day of Mediation, the parties have settled, have determined that they cannot settle, or make substantial progress toward a resolution through further Mediation.

Relieve Stress:	Once a legal action is filed the parties are compelled by Court Rules to meet various deadlines, incur fees and costs to comply with court policies and procedures, and disclose requested information about the parties and their disputes. The result remains uncertain and the parties lose control of the process as it is imposed upon them. Their discourse is limited to legal niceties and responding to the questions asked by the Court or the other party. In Mediation the parties set their own schedule. They take a proactive role in framing the issues that interest them. The parties are not compelled to incur costs, or publicly disclose any information. Their interests are made clear in an informal atmosphere, not a courtroom. Each Mediation Session can ultimately remove uncertainty, protect privacy and confidential information, preserve relationships, and, thus, reduces the stress precipitated by the existence of a dispute and an uncertain outcome.

Resolve Your Own Dispute:	A Mediator is a facilitator who helps the parties resolve their own dispute. Mediators do not represent either party. They work with the parties to reach a mutually agreed to resolution. Because mediated settlements are not court imposed judgments, the parties can be more creative in structuring the outcome. For example, the settlement can include relief that a court could not otherwise grant.

Confidentiality:	In Court the parties can be compelled to publicly disclose personal information, business documents, personal relationships, finances, and other sensitive information. Mediation, however, is a confidential proceeding. What is said and discussed in a Mediation with the Mediator is excluded from evidence in a subsequent legal proceeding over the mediated disputes. The parties are not compelled to publicly disclose any information.

Davis & Brown, LLP, Attorneys at Law, 2033 North Main St., Ste. 355, Walnut Creek, CA 94596 Tel.: 1 (925) 933-3737