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Litgated Case Mediation

Most people don’t like courtrooms!  A trial is the culmination of a long arduous process that started with a conflict – perhaps years in the past.  Along the journey not only has seemingly countless dollars been spent, in addition, the conflict has in many cases escalated by the legal system’s adversarial approach to resolving conflict.  The hopeful end of the journey is a trial, typically with a winner and a loser.  But of course the journey does not end at the conclusion of the trial.  Perhaps there are appeals….  Perhaps there are judgments to be collected….  One alternative for short-cutting the process is a form of Alternate Dispute Resolution (ADR) – mediation – that puts control of the outcome firmly in the hands of the disputants.

The mediation is “orchestrated” by the mediator – a third party neutral who has no stake in the outcome.  In most cases each party is represented by an attorney.  Each mediator has his own unique style, however, at Mediation Consultants LLC, we support a facilitative style of mediation (meant to support a conversation) and perhaps moving to an evaluative style as the mediation progresses.  The evaluative approach helps parties explore options as they move forward.  This may include insights, provided by the mediator, with the “eyes and ears” of a prospective juror.  It could include supporting each party, with the counsel of his/her attorney, to develop the Best Alternative to a Negotiated Settlement (BATNA), Worst Alternative to a Negotiated Settlement (WATNA), and Most Likely Alternative to a Negotiated Settlement (MLATNA) – as a method of understanding the various potential outcomes moving forward.

Many cases are resolved within a morning or afternoon. In other situations, issues are efficiently identified that require more data be collected (e.g. CPA records, employment data, medical information, etc). In this case the mediation is suspended and scheduled to resume at a later date.  Sometimes parties are making good progress and want to work long hours until a resolution is reached.  In the end, the decision whether to accept a mediated agreement rests with the parties.  Again, in mediation the outcome, the settlement, remains in the control of the parties.

We subscribe to the principles set forth in the Model Standards of Conduct for Mediators.

Advantages

Your Mediator

Rick Bowers, who has extensive experience working with cases in the Los Angeles and Ventura Superior Court, specializes in litigated cased mediation. More information about Rick is available here.

Cost

Our normal fee is $1,400 for an initial half-day (up to four-hour) mediation.  The fee is normally divided equally between/among the parties.  We can either meet in our office space in Camarillo or we are willing to travel to your office. We do not bill for travel time (unless the mediation is held outside of Santa Barbara, Ventura, and Northern Los Angeles counties), or intake. Additional time is billed in 20 minute increments at $350 per hour.