Are you searching for experienced and proven mediation and arbitration representation in California?  What do you need to know about mediation and/or arbitration and why is it important to have a skilled, experienced Watkins Firm attorney on your side?

Key Takeaways About Mediation and Arbitration Representation in California:

• It is not in your best interests to enter a mediation, and certainly not an arbitration without expert legal representation.
• Mediation can be a cost-effective and timely alternative to arbitration or trial and is a confidential, private legal venue which keeps your business and financial information as well as the nature of the dispute out of the public record.
• Arbitration is required by many business contracts as an alternative to trial, and is often the next step if mediation or the “settlement conference” required by our Courts is not successful.

Mediation and Arbitration – Alternative Dispute Resolution or ADR

Mediation and arbitration are two effective alternatives to business litigation.  However, it is not in your best interests to enter a mediation, and certainly not an arbitration without expert legal representation.  The attorneys at the Watkins Firm have more than four decades of experience and a proven track record of success in both mediation and arbitration.

Skilled mediation and arbitration representation in California ensures you have the perspective and guidance to influence a positive outcome.  In a mediation, the proceedings are guided by a neutral third party agreed upon by the participants.  The “mediator” should have a thorough understanding of the issues in dispute, applicable federal and California law, as well as strong negotiation and mediation skills.

The mediator works between the parties to help them to gain a better understanding of the dispute at hand, the position of each party, the law and the ways in which these types of cases are usually resolved.  The mediator can provide recommendations and suggest alternative solutions, but the parties are not bound by these.  Ultimately the goal of mediation is a settlement agreement which resolves most or all of the issues in dispute and ideally brings an end to the matter.  Mediation can be a cost-effective and timely alternative to arbitration or trial and is a confidential, private legal venue which keeps your business and financial information as well as the nature of the dispute out of the public record.

Arbitration is required by many business contracts as an alternative to trial and is often the next step if mediation or the “settlement conference” required by our Courts is not successful.  Arbitration in California is a highly structured legal environment, however it is not bound by many rules of motions, evidence or processes.  The arbiter has much more power than a mediator, and the ruling of the arbiter is considered “binding” in most situations.  As your representative in arbitration, we provide an initial brief to the arbiter outlining our position and the strengths behind it.  Our attorneys are skilled trial attorneys, and these skills come into service during the collection of testimony and evidence, as well as representing you and your case before the arbiter.  No one should attempt to represent themselves in an arbitration.

Pro Tip: “…you bring in former superior court, “Judge Jones,” and he’s looking at us, the lawyers, and he knows BS when he sees it. So he’s going to have (strategies for) controlling the lawyers from over-valuing this dispute and from over-posturing, just being aggressive for the sake of impressing their clients.

And he’s going to go back and forth and have the purpose of settlement on his mind, which is what we both want. I’d say 50% of these cases don’t settle at mediation, but after a good mediation a month or two later, it’ll settle because of the mediation. Some mediators actually call us a month later, when we came so close and say, ‘Dan, what can I do? Do you want me to call the other side?’ I’ll say “yeah, good idea. Call the other side.’ And then he’ll call the other side. And they and their clients have calmed down. They’re relaxed and we’ll settle. We have to get to that 95% somehow. So there’s a lot of different ways using the ADR formula with the court has alternative dispute resolution systems, using them to your benefit. Understanding them gives you the best result in 95% of the cases, which is how they resolve.

Arbitration is when you have an agreement in your contract that says disputes are to be resolved by arbitration and it’s usually quicker and cheaper, but you waive the right to a jury trial and the arbitration process itself can be very expensive. But in the long run, waiting to go to trial for two and a half years and waiting for a judge who has an overburdened docket can be just as risky. So arbitrations are great. They cut to the chase and you really don’t have a lot of time for dramatics. You have to have accurate law and facts when you go in and it’s usually decided by your arbitration brief because the (arbitrator) knows when they see a case that has no merit or has great merit.” – Dan Watkins, Founding Partner

Experienced and Proven Mediation and Arbitration Representation in California

Are you searching for experienced and proven mediation and arbitration representation in California?  Mediation and arbitration are alternatives to a trial in a Court of Law, when leveraged negotiations have not brought a resolution to the dispute at hand.  The attorneys at the Watkins Firm approach every dispute with our client’s objectives clearly and foremost in our minds.  We then work to resolve all disputes as quickly and cost-effectively as possible based upon these goals and objectives.  When litigation is required, we are prepared to take the case to arbitration or trial.  The presence of the Watkins Firm at your side during mediation and arbitration strengthens your hand and communicates strength, skill and a proven track record of success to all we oppose.

If you are involved in a business or legal dispute in San Diego or Southern California we invite you to review our Podcast Episode 11 – Resolving Business Disputes and Episode 12 – Resolving Business Disputes Part 2: Mediation and Trial as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.

Meet Daniel Watkins:

Daniel W. Watkins is a true people person who sincerely listens. He cares deeply about what others are going through.  Dan enjoys digging into the facts and finding creative solutions to problems.  He contributes his insights candidly and constructively.

Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.

Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a trusted litigation strategist and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.

He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.

THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR

Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.

In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.