• July 30, 2021
  • Blog

Going through Santa Monica mediation can be a lot quicker than going to court. In many cases, people who go through mediation decide that there is no need to get the court involved. Disputes are often settled within a day or two.

Is Mediation Confidential?
Litigants often ask whether mediation is “confidential.” They fail to recognize just how complicated that question really is. A mediator is required by his code of ethics to keep confidential anything a party tells him in conference unless he/she has specific permission to disclose it to the adversary, or even to the attorney for the party. On the other hand, if a party blurts out something in a joint session the adverse party can “go public” with that comment unless the parties have signed a specific agreement forbidding this. Yet, nothing said in the mediation can be used in the court case between the parties.

Clearly, two things need to be stressed before commencing a mediation. First, all parties need to know what the law provides regarding confidentiality. Second, if the parties desire a wider degree of confidentiality, they need to draft a mediation agreement that provides for it.

What would be the enforcement mechanism? Let us not forget the prescriptive role of solemnly signing your name to an agreement. Most people honor their deals. They have shame. But, the parties could stipulate that the breach of this agreement would be admissible on the issue of credibility in the underlying lawsuit. Liquidated damages is also a possibility.

Why Use A Mediator?
Mediators in Santa Monica will focus on the issues that you and the other party have and help the two of you come up with a solution that will work for everyone. They can also help you and the other party communicate better.

The mediation process can be a lot cheaper than a court case, and save you money in the long run. Mediation helps people avoid these costly court cases that can sometimes take years to resolve. Both parties can save money and get back to their lives quickly.

How Does the Process Work?
Both sides will explain their positions in a brief, which is sent to the mediator. Then the mediator will meet with each party separately. The main purpose of mediation in Santa Monica is to help both parties understand the dispute and come to a resolution.

Does the Mediator Take Sides?
Independent mediators remain neutral, so they will not take a side. In a dispute, it benefits to have a third party involved who will not take sides. Independent mediators are trained to be objective, which makes it easier for both parties to agree on the best solution.