Mediation Process

To get desired results from a mediation exercise, it’s vital to know how the mediation process in California works. Compared to litigation, the mediation process is much simpler, faster, and more affordable. At Lerner Conflict Resolution Center, we pride ourselves on providing a positive environment that fosters cooperation and collaboration between the parties to the dispute. Our secret to success is exhaustive preparation and a creative, humanistic approach to conflict resolution. Let us look at the general steps involved in a standard mediation process at Lerner CRC. Our mediators provide neutral and unbiased support and inputs all along the parties’ conflict resolution journey.

1. Pre-Mediation Agreement

This is the stage where both parties decide that mediation is the best way forward, either directly or via their attorneys. The next step is to come to an agreement regarding the various nuances of the mediation process – confidentiality, handling the expenses, etc.

Once you and the other side sign off on the agreement, it’s time to select a dedicated and trusted mediator for dispute resolution. It should be a neutral mediation professional that is equally acceptable to both parties. We will review the preliminary statements, documents and details from both sides broadly outlining the scope of the dispute.

 

2. Planning Stage

After reading written statements of both parties, our team will coordinate various other important aspects of the mediation process. They include:

  1. Asking for other vital information not included in the written statements
  2. Deciding the date and timing of the meditation process
  3. Outlining the basic methods of information exchange during the mediation
  4. Deciding the final participants in the process

 

3. The Mediation Stage

This is the stage where the magic of mediation happens. It usually encompasses the following elements:

  1. Opening Statements – after a brief introduction by the mediator, both parties are welcomed to deliver their opening statements.
  2. Joint Meeting – all parties are involved in this process to gain a better understanding about what they have to offer.
  3. Private Discussions – the parties are placed in separate rooms and the mediator will act as the connecting link, discussing the pros and cons of the respective positions of the parties and the concessions they are willing to provide.
  4. Final Negotiations – once an agreement is reached, the mediator may bring back everyone for one final meeting to assess the dispute resolution agreement.
  5. Post Mediation – the mediator will create written copies of agreements with provisions, and summary. If the parties failed to reach an arrangement, the mediator may try to plan further meetings in the future to see if they can have another go at mediation.

 

Experienced and empathetic mediators at Lerner Conflict Resolution Center

will make every effort to facilitate successful dispute resolution between the parties. Throughout the mediation process, we will focus on the following tasks:

  1. Highlighting the key areas of contention between both parties
  2. Encouraging participants to look for common ground
  3. Find optimal motivations for each party to settle
  4. Look for collaborative solutions with an emphasis on mutual benefits
  5. Create and maintain a positive, collaborative atmosphere for all parties

Choose the Most Skilled and Reliable Mediators for Your Dispute Resolution

We are committed to guiding all parties to the dispute towards a constructive and positive agreement for dispute resolution with the least amount of time, cost, and stress for everyone involved.

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