MEDIATION

Mediation is a controlled, non-confrontational process that allows people involved in a dispute to discuss the issues involved and participate in forming an agreement. Using a mediator is different from hiring an attorney in that the mediator is neutral, does not represent either party and does not make judgments or decisions. Even when parties have disagreements, they rarely disagree about everything. Identifying where points of agreement exist avoids wasting time and money on those areas. Instead everyone concerned can concentrate on fixing only the parts that are broken. In this way, mediation can enjoy some success even when people are already involved in a lawsuit. Both parties can share the costs of mediation, just as they share the benefit of having a well informed and responsive third party.

Almost every area of Law can benefit from mediator involvementDivorce and Custody agreements, Division of Property, Civil cases, Business disputes—anywhere that there is a disagreement. More companies and individuals than ever before are turning to mediation as an alternative method of settling disputes.

Mediation also offers other benefits. It is confidential, less formal and faster than the lengthy court process. Also, since both parties are involved in shaping a solution, it improves the chances that a remedy will be long lasting. Mediated agreements are more often followed by both parties and result in less animosity and better relationships among those affected. Any items that parties agree to in mediation may also be reviewed by their attorneys before they become part of a final agreement.

Effective mediation requires a well trained mediator. Garrison Klueck has over 100 hours of formal mediator training, including classes and certification from the San Diego Mediation Center and the San Diego County Bar Association. He has experience working with the Judicial Arbitrator Mediation Service and the Victim/Offender Reconciliation Program (VORP). Mediation through The Law and Mediation Offices of Garrison Klueck is a less formal, more responsive and more efficient solution than traditional litigation.

The first step in Mediation usually involves an in-person consultation with both parties. During that session and the following sessions the issues are identified and discussed, points of agreement and disagreement are identified and eventually, a final agreement is reached. The less formal aspect of mediation makes it possible to experiment with different types of solutions, keeping what works for both parties as they cooperate in building a lasting agreement. If necessary, this agreement can be filed with the court to assist and limit the court in making its judgment.

Parties with differences are encouraged to contact our offices, together or separately, to discuss whether mediation may be an appropriate way to settle their differences.