Are you searching for experienced and effective representation in mediation or arbitration here in San Diego or across California?  What is the difference between mediation and arbitration and what should you look for an effective mediation or arbitration attorney?

Mediation and arbitration are two separate and distinct legal venues for dispute resolution.  There are advantages and disadvantages to both, and the strategy associated with your business dispute should be tied to the highest probability of accomplishing your specific goals and objectives.  The Watkins Firm has provided representation in business litigation, mediation and arbitration cases in San Diego for decades.  Our experienced and proven attorneys provide sound counsel while working to successfully resolve and ultimately settle the underlying dispute.

Our unique approach to effective representation in mediation or arbitration here in San Diego or across California is specifically designed to reach a successful result in the shortest possible time frame and in a cost-effective way.  Mediation is one option to accomplish this goal.  In mediation, the parties agree upon a neutral third party who guides the parties through a somewhat structured negotiation.  An effective mediator works to understand the position(s) of each party and help to establish common ground.  The parties and their legal representatives work together to identify options and hopefully agree upon resolution of the dispute in whole or in part.  The recommendations of the mediator are not binding, however, all discussions and work accomplished in mediation are confidential and will not become part of the public record.

Arbitration is a much more structured legal environment.  Again the parties agree upon a neutral third party who serves as the arbiter.  The arbiter is usually an attorney or judge with extensive experience and expertise in the area(s) associated with the dispute at hand.  Usually each side presents a carefully crafted legal brief to the arbiter.  The arbiter has the authority to marshal testimony and evidence.  Ultimately the arbiter releases a ruling which is usually binding upon the parties and cannot be appealed unless fraud or collusion can be proven.  Arbitration is usually more expensive, but you know the dispute will be concluded and the time frame in which the resolution will occur.

Pro-Tip: “A solid, well-documented chronology and knowledge of the facts, the damages, the law of the damages is key, because that gives your lawyer the ability to predict what would happen if you went to trial tomorrow and you won, what would you win? That’s it, that’s the number. In civil court, we’re only talking about dollar amounts and how to get there and understanding human nature. Preparation for my clients has to do with damages, the law and damages the facts, getting all the facts down so that we have things to say and then informing my client.

It’s a dance. The university of Irvine has a law school program that teaches judges how to help people negotiate settlements. They have a long seminar and it talks about perception. And so I’m not a judge, so I didn’t get to go there. But I’ve spoken to many, many judges over the last 35 years and they’ve discussed about how they’re trained. And then they discussed about how many different moves it has to take for both parties to feel that they did as good as they possibly they could have done. And it won’t happen in one offer. I’ve never had it happen. 35 years. Never had someone say I’ll do it for this amount. And the other person says, sounds fair to me. They wouldn’t be coming to a lawyer. right. So you go through the dance move you’re right down. The settlement offers you come up with factual things to say legally things to say in between those offers. And then at the end of the day with an experienced judge or settlement conference referee you’ll end up with a settlement. That’ll be the number, the right number where both parties are a little upset, both parties, a little happy and everybody saved attorney’s fees and anguish and time in court.

Arbitration is much more structured, and I can’t overstate the value of a strong, experienced litigator in arbitration. You’ve got one shot.  The arbitrator makes the rules, gathers the evidence and testimony and issues a ruling.  You get one shot.  That’s it.  There’s no appeal.  You’ve got to get it right.

In a business dispute usually its really clear who broke the agreement. However, businesses operate on a longitudinal graph of time. So if you just analyze this person broke this agreement with me today and don’t analyze what the value of the overall investment is, right then you’re not really doing yourself anything good. You’re just being too focused on one little breach. When you could focus on that breach, balanced against how much profit I made over the years, balanced against my total investment balanced against, you know, do I want to continue on all those factors, which believe it or not we have experts for, they can put it in a number if we have to go to trial, but we can also talk intelligently with our clients about, okay, let’s put some numbers and value on this. And so that we’re not thinking too narrowly in a small box, we’re thinking outside the box and we know what we’re talking about. And what’s good for us as a business decision and as a legal decision.

If you seek experienced effective representation in mediation or arbitration here in San Diego or across California we invite you to review our podcast Episode 11 – Resolving Business Disputes as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.