Mediators are vital to any negotiation or settlement. They help you understand the issues, circumstances, and remedies available to you. They compare and contrast the difference between accepting the available settlement proposals with the direct and indirect costs of continued litigation. In other words, they describe the best alternative to a negotiated resolution. They also assist parties in exercising their right to self-determination in order to conclude their dispute, without an expensive and lengthy trial.
The different parties have several options when it comes to choosing a mediator. There are independent mediators on the one hand, or institutional providers, who are part of large organizations such as the American Arbitration Association, Judicial Arbitration, and Mediation Service.
You may want to consider independent mediators, such as Peace and Justice Mediation, for several reasons, including:
The larger providers have a high overhead, which reflects in the cost. The providers take a significant percentage of the mediator’s fee to cover that cost, increasing the price charged to the client. Skilled independent mediators in Santa Monica will generally cost you less, while possessing the background, skills and experience to deliver the results you need.
Lack of Bias
When parties retain a large institutional provider, it is generally unknown how many cases nationwide that provider has handled for any party or any counsel. If you are litigating against an insurance carrier or a large corporation, or if a large law firm is involved, that adversary may be a large repeat customer of the provider and therefore carries the prospect of providing future work if it obtains favorable decisions or settlements. This may or may not influence the mediator either on a conscious or unconscious level. Independent mediators on the other hand, generally have no such institutional ties and will generally remain unbiased, throughout the mediation process.
Through the leadership of Robert P. Baker, Peace and Justice Mediation will make full disclosure of all prior mediations involving any of the parties or lawyers. Additionally, he will make full disclosure of all relationships in the past five years that might be relevant, including business relationships of any kind and all existing or prior personal relationships that might give rise to any reasonable suspicion of bias.
Mediation is indispensable prior to trial if you want to avoid expensive, lengthy, and stressful litigation. As these claims harden, deepen and become so costly, they also fracture relationships, both personal and professional, making future dealings highly unlikely. Such litigation may also cause discord within a party. Independent mediation services promise to give you affordable, fair, just, transparent, and high-quality services. Whatever your situation, mediators will give you the best chance at settling your case fairly and at a reasonable fee.