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S ETTLE Y OUR D ISPUTE

S ETTLE Y OUR D ISPUTE. W ITHOUT G OING TO T RIAL. T HE F ACTS. 95% of cases settle before trial. Mediation promotes quicker , cost effective settlements California Courts are successfully using Mediation, including the Federal Courts. W HAT I S M EDIATION ?.

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S ETTLE Y OUR D ISPUTE

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  1. SETTLE YOUR DISPUTE WITHOUT GOINGTO TRIAL

  2. THE FACTS • 95% of cases settle before trial. • Mediation promotes quicker, cost effective settlements • California Courts are successfully using Mediation, including the Federal Courts.

  3. WHAT IS MEDIATION? • An Alternative Dispute Resolution (ADR) Process • Assisted Negotiations • Experienced Neutral (Mediator) • Party Participation • Voluntary • Confidential (Las Vegas) • Informal & Flexible Process (not just money) • Expeditious & Cost-Effective

  4. HOW DOES MEDIATION START? You may start it, by asking. Judge may recommend. Attorney may recommend. Parties may agree.

  5. THE MEDIATOR: • Brings decision makers together. • Assures all points of view are considered respectfully. • Keeps focus on resolutions that work for both sides. • Maintains & ensures confidentiality.

  6. WHAT DOES THE MEDIATOR DO? • The Mediator:is neutral, facilitates communication, adds experience (at least 5 years of practice in civil litigation) & expertise, and keeps focus on settlement.

  7. HOW DOES MEDIATION WORK? • Parties meet together in confidential joint sessions 1 2 3 • Parties consult individually in private and confidential sessions

  8. MEDIATOR AND RESOLUTION Mediators help parties move beyond impasse: • Find areas of agreement • Brainstorm together for new approaches to settlement • Evaluate offers and alternatives

  9. WHEN IS MEDIATION APPROPRIATE? • Always – It’s a win-win process. • Before communication closes • Alternative to litigation • Any time before trial • Post judgment

  10. WHAT TYPES OF CASES GO TO MEDIATION? • General Civil • Auto Accident (PI or fender-benders) • Construction Defects • Landlord/Tenant (unlawful detainer) • Neighbor Disputes • Product Liability • Consumer Fraud

  11. FIND &SELECT AMEDIATOR? Court Website – www.stanct.org (all Stanislaus Superior Court Mediators are professionally trained & certificated.) Bar Association Your Attorney

  12. HOW MUCH DOES MEDIATION COST? • Mediators charge by the hour (which usually can take between 4 and 10 hours.) • Parties split the costs • Quicker and cheaper then litigation (The average run-of-the-mill personal injury case costs >$25,000 without a jury trial.) • Community-based Mediation is Free (small claims & landlord tenant)

  13. WHY MEDIATE? • Flexible & informal • Voluntary • Confidential • Parties participate and make decisions • Promotes quicker, more cost effective settlements • Reduces stress through communication The Stanislaus Superior Court supports and encourages you to use the Mediation Process.

  14. WHERE CAN IGET MORE INFORMATION? • www.stanct.org • (209) 525-6303 – ADR Coordinator • (209) 524-3784 – Small Claims Advisor • (209) 236-1577 – Community Mediation Services

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