Mediation as a means of dispute resolution  Law Offices of Fred M. Duman & Associates 2807 Castro Valley Boulevard     Castro Valley, California 94546 Tel: (510) 537-3388 Fax: (510) 889-1114

Dear Mr. Duman:

My next door neighbor is selling his house.

He and his buyer have gotten into some type of dispute.  Their contract has a clause requiring them to "mediate" their differences.

Please explain.

F.H., Vallejo

"Mediation" is a process by which an impartial third person, works with the opposing parties in negotiating a mutually acceptable settlement to their conflict.  Unlike a judge or an arbitrator, the "mediator" has no power to render or impose a decision upon the parties, but rather the purpose of a "mediator" is to impartially aid the parties in developing their own mutually satisfactory conclusion.

The process of mediation can also help the parties in communicating their respective positions, in clarifying the relevant issues, and otherwise establishing those elements to which the parties are in agreement.  It is therefore not uncommon for successful mediation to conclude without yielding a formal or complete resolution to the overall dispute, instead resolving only certain key issues of the case, thereby hopefully facilitating a greater chance for amicable resolution of the dispute at a later time.

Once mediation has been concluded, the parties are, generally, not prevented from pursuing their other remedies at law.
 
Mediation can also be especially appropriate where the parties in dispute have an ongoing relationship (such as between neighbors).

The format for a mediation can vary, depending upon the model format used.  However, most mediations consist of the mediator and the involved parties meeting in a relaxed setting, with the mediator working to encourage dialog between the parties; however, the mediator may also choose to meet the parties separately.  If an agreement is reached, the mediator will usually assist the parties in attempting to reduce the resolution to a written agreement between them.

The cost of mediation can vary, depending upon the service selected and the level of expertise required from the mediator, but generally consists of an initial filing fee and payment to the mediator at his/her hourly rate.  There are presently no certification or licensing requirements for mediators, so the range of expertise and experience, as well as the applicable hourly rate, can vary greatly.  The costs of the mediation are generally apportioned between the parties, or otherwise allocated pursuant to agreement between them.

In order to decide how best to proceed with your situation, you should promptly consult with your attorney, who will provide you with advice and counsel tailored to meet your specific circumstances.

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