Mediation is A Good Option to Resolve a Business Dispute

Mediation is A Good Option to Resolve a Business Dispute

Mediation is a good option to a business dispute here in San Diego and across California.  Our Courts are back-logged with business litigation cases in normal times.  “Settlement Conferences,” and/or mediation are now required before appearing before a Judge or jury in a California Court.  Mediation is designed to provide a calm, productive environment where parties in a business dispute or litigation have the opportunity to work through and resolve specific issues or the entire dispute.  You will need the experienced, proven representation of the Watkins Firm throughout mediation to protect your interests and help to bring the matter to resolution.

The mediator is a neutral third party with extensive expertise relating to the subject matter of the dispute itself, as well as the laws of California and the commercial code.  A mediator is agreed upon by the parties in the dispute.  Mediation begins with each side providing background (from their perspective) and their concerns or issues in the dispute.  The mediator works to ensure that the parties clearly understand not only the nature of the core issues, but the strengths and weaknesses of their own case, as well as the perspective of the opposing party.  The mediator then helps the parties to put options on the table, and ultimately work to negotiate a settlement to part or all of the dispute.

Simply put, mediation is a good option to resolve a business dispute.  It can resolve part or all of the matter at hand in a timely, cost-effective manner.

The Watkins Firm represents our clients through mediation, arbitration and ultimately into trial when necessary.  It is our successful track record at trial which provides the strength and credibility during leveraged negotiations, mediation and arbitration.  We are able to help influence and guide our client’s position through the mediation process.

Our practical experience gleaned from decades of trial work and dispute resolution allows us to suggest alternatives that have worked for other parties in similar situations.  Ultimately our clients usually wish to accomplish their goals and resolve the issue(s) at hand in the shortest possible time frame and at a reasonable cost. Mediation is a good option to a business dispute anywhere in California.

Dan Watkins Founding Partner of the Watkins FirmPro-Tip: “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, and unfortunately I didn’t get to attend it. But I’ve spoken to many, many judges over the last 38+ years and they’ve shared insights into how they’re trained. They talk 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.

What are the advantages of settlement conferences and mediation, as opposed to waiting for arbitration or trial? The cost of going to court, the risk of losing, the risk of catching a judge or a jury in a bad mood that day or an arbitrator who just doesn’t get your kind of business or your kind of dispute.

I mean, there’s a risk there. I had a trial once, for my own parents back in the nineties where the judge was completing his last trial on the bench. It was a bench trial and he literally fell asleep much of the time during the three week trial. And it took us six months to get a verdict back from him where a law clerk had to go read the transcript and help him finish his last trial. He was in his early eighties and luckily we won or the one parents would’ve probably thrown me out, but yeah, this is a risk. Whoever thinks it’s not crazy.

Now you bring in former Superior Court Judge Jones, and he’s going to go back and forth and have the purpose of settlement on his mind, which is what we all want. I’d say 50% of our 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 after when we came so close and say, ‘Dan, what can I do? Do you want me to call the other side?’ I’d say, ‘yeah, good idea. Call the other side.’ And then he’ll call the other side. And they’ll have their clients have calmed down. They’re relaxed and we’ll settle. We have to get to that settlement somehow. So there’s a lot of different ways of using the ADR (Alternative Dispute Resolution) systems, in order to achieve the best result for our clients in the vast majority of our cases.” – Dan Watkins, Founding Partner

We invite you to review our podcast Episode 11 – Business Dispute Resolution as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.  Mediation is a good option to a business dispute here in San Diego or anywhere throughout California. Learn about our unique approach to disputes and how the Watkins Firm can and will help to accomplish your goals and objectives and resolve disputes in a timely and efficient manner.