Alternative Dispute Resolution (ADR) And Mediation

Mediation is a process whereby the disputing parties themselves, generally with the aid of their counsel and a neutral party called “a mediator” agree to resolve their legal fight on terms they specifically agree upon. Mediations generally last a full day (or more) and occur once the parties and attorneys have sufficient information to clearly evaluate the strengths and weaknesses of their own and each other’s positions. We have successfully handled hundreds of mediations as advocates.

Craig Judson is a trained and certified mediator and has successfully facilitated to final resolution many different types of disputes in private mediation and court-ordered mediation. Craig is an effective and popular mediator among his peers because he possesses extensive experience with both civil and trust and estate litigation. He is able to productively communicate with counsel and parties to help them understand the perspectives, risks, strengths, and positions of all parties involved in the disputes. Using this broader understanding, Craig is able to expedite a final resolution that is more attractive to the parties than the stresses, expense and risks of continuing the litigation.

Alternative Dispute Resolution Options In California Courts

ADR is an important step in the litigation process because it allows the parties to attempt to resolve their concerns without going to trial. Key components of ADR include:

Mediation: The parties (and their lawyers if they choose to retain one) work with a mediator, who is a neutral third party. The mediator works to reduce conflict between the parties in joint sessions and individual sessions. If the parties agree on a resolution, the mediator can draft an agreement that is enforceable, depending on the way it is structured.

Arbitration: This method of ADR involves a neutral arbitrator who reviews the evidence and facilitates a hearing, which may include witnesses. The arbitrator then determines a decision or issues an award. Their decision is legally binding and enforceable, unless the parties chose for it to be non-binding prior to the arbitration.

Neutral evaluation and early neutral evaluation: These evaluations are used to determine each party’s strengths and weaknesses of their cases. It is a nonbinding and independent review and assessment of the issues. You must have representation to engage in the process.

Settlement conferences/mandatory settlement conferences (MSC): Whether they are voluntary or mandatory, settlement conferences are meant to determine the strengths and weaknesses of the case. The goal is to reach a settlement, but with no decisions or orders made.

While some disputes need to go to trial if they are very complex, require a binding, enforceable decision or need the trial process to manage high-stakes cases, ADR is often a good solution for cases that do not need that level of judicial oversight and processes.

The Benefits Of Mediation Vs. Traditional Litigation

Why choose California mediation? There are many benefits to this process, including:

• Lower cost: Mediation is significantly less expensive than a trial.
• Faster results: Trials may take many months to complete. Mediation starts sooner and can be resolved in a day, though it may take longer.
• Privacy: Trials are public, but under California Evidence Code § 1119, mediation is private. This is an important concern for many people.
• Effect on relationships: Trials are notoriously hard on relationships, whether they involve family or business concerns. Mediation is a more civil process that emphasizes working together and coming to an agreement.

Experienced Mediation For Trust, Estate And Civil Disputes

With his extensive experience in trust, estate and civil disputes, Craig Judson is a smart choice for your attorney or as your mediator. He is a trained and certified mediator who handles many trust and estate disputes.

Mediation in trust and estate matters is especially helpful in maintaining relationships with family members. Estate and trust conflicts can damage family relationships if they are not handled with diplomacy and care. Craig understands this and seeks to preserve relationships whenever possible.

Contact The Firm For A Consultation

For more information or to schedule a consultation, please call Bold, Polisner, Maddow, Nelson, & Judson, A Professional Corporation, at our Walnut Creek office at 925-933-7777 or our Sacramento office at 916-933-7511.