Pleasanton Mediation Services

Helping California businesses settle disputes with help from a neutral third party

When disputes arise in an employment or business context, it’s often in everyone’s interests to avoid going to court. Sometimes the problem can be resolved through negotiation, but when the divide between the two sides is large, the intervention of a mediator can be invaluable. Mediation can also be included in contracts as a prescribed forum for dealing with disagreements prior to pursuing litigation. At Garcia & Gurney, A Law Corporation in Pleasanton, we help businesses take advantage of mediation to resolve their disputes with relative speed and cost-efficiency. 

Understanding mediation 

Mediation is an alternative dispute resolution process in which the parties to a dispute confer with a neutral third party, called the mediator, who assists them in negotiating a settlement of some or all issues. Unlike in litigation, the decision is left in the hands of the parties. Mediation can be particularly useful and effective in employment and business disputes or whenever parties are in a relationship that is worth preserving.

The role of a mediator

The mediator’s function is not to make decisions but to guide the parties toward mutually agreeable solutions. The mediator lets each side explain their positions and the supporting facts, helps them isolate certain issues on which agreement can be reached, assesses the strengths and weaknesses of their respective positions, explains the benefits of compromise and facilitates a resolution acceptable to both sides. Mediators encourage open communication and creative problem-solving while taking steps to foster a balanced and fair process.

Benefits of mediation 

Mediation of a dispute can have several advantages over court proceedings. A mediator guides the parties toward a realistic understanding of their positions and of opportunities for compromise. The process fosters collaboration rather than conflict. It allows the parties more control over the outcome, rather than risking a decision being forced upon them. It is simpler, quicker and more cost effective than litigation. What’s more, mediation is completely confidential. In fact, California Evidence Code § 1119 provides that all communications and documents from mediation sessions are generally inadmissible and not subject to discovery in a court proceeding if the mediation should fail to produce a settlement.

Common types of disputes handled by mediation

Mediation is useful when disputants are capable of constructive discussions on key issues and when they want to avoid a drawn-out conflict. This ADR method is commonly used to settle such matters as workplace conflicts, contractual disagreements, landlord-tenant issues, insurance coverage disputes and real estate issues. Some cases already in court are referred to mediation when a judge believes certain factual issues can be resolved without going to trial.

How Garcia & Gurney can assist with mediation

If you want to pursue mediation or are party to a contract that requires it, an experienced business lawyer at our firm can provide effective representation. We a guide our clients through the mediation process with a view toward achieving fair and practical resolutions that serve our clients’ interests. If we represent you in a mediation, we will assist in choosing an appropriate mediator, prepare carefully for the sessions and do our utmost to obtain an optimal result.

Experienced mediation services attorneys help CA businesses

Garcia & Gurney, A Law Corporation in Pleasanton helps business clients resolve disputes through efficient use of mediation. We represent companies and individuals in and around Alameda and Contra Costa counties. Call us at 925-468-0400 or contact us online.