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Mediation

California Mediation

Helping businesses and individuals resolve their legal disputes amicably
Attorney Anthony S. Deutsch is a skilled negotiator who can help you obtain the best possible settlements while preserving amiable relationships. Mediation gives you control over the process and can often provide more expedient, predictable results than going to trial.

WHAT IS MEDIATION?

Mediation is a process for resolving disputes by which an independent mediator assists the parties in reaching a mutually satisfactory settlement. A mediation session involves a discussion of the dispute by the parties, as opposed to the formal presentation of witnesses and evidence such as takes place in a trial or arbitration. The session will usually be attended by the mediator, the parties and their attorneys. Because of the informality of the process, a mediation can usually be completed in a day or less.

The mediation process is voluntary and non-binding. The mediator has no power to render a decision or to force the parties to accept a settlement. Rather, the mediator’s role is to assist the parties in their negotiations by identifying obstacles to settlement and developing strategies for overcoming them and reaching their own settlement of their dispute.

A mediation session is private and confidential. It is normally held in the office of the mediator and no public record is made of the proceeding. If no settlement is reached any statements during the proceedings are inadmissible as evidence in any pending or subsequent litigation.

A mediation session typically begins with a joint meeting of the parties, their attorneys and person whose consent is necessary in reaching a settlement of the dispute. The mediator first explains the format and discusses the confidential and non-binding nature of the proceedings. The mediator will then ask the attorneys for each party to make a presentation of their case, identifying the issues in dispute.

Following the joint meeting, the mediator usually separates the parties and begins meeting with them in a series of private, confidential meetings called caucuses. In the caucuses the mediator works with each of the parties to analyze their case and develop options for settlement. Usually, the mediator will caucus numerous times with both sides until the case either settles or it becomes apparent that settlement will not be reached. 

The mediator does not render a decision. Instead the mediation allows the parties to make their own decisions and fashion their own se

I have conducted hundreds of mediations on a wide variety of issues including:

  • Contracts
  • Property law
  • Commercial and Residential Real Estate
  • Landlord/Tenant
  • Partnerships
  • Homeowner Associations
  • Franchising
  • Securities and Banking

Representative Cases

  • Numerous disputes between homeowners or HOAs and its members over the “Four Ps” (i.e., pools, pets, parking, and privacy) and other issues.
  • Dispute between homeowner and contractor/subcontractors over alleged construction defects and mold issues. 
  • Law firm claim that bank wrongfully honored forged or altered checks. 
  • Dispute between franchisor and 8 franchisees (in various states) over alleged misrepresentations in offering circular. 
  • Dispute between shopping center owner and tenants over the alleged misuse of common area maintenance funds. 
  • Numerous disputes involving specific performance of real property contracts
  • Dispute between religious sect leaders and sect members over the tabulation of votes at an annual meeting
  • Disputes relating to property division involving same sex or unmarried couples.
  • Dispute involving minority shareholders right to force dissolution of a corporation.

Preserving relationships

In many cases, both parties are best served when they establish a cordial relationship. Through the structured process of mediation, you can set aside hostility and agree on key points. Mediation can be a highly effective tool for you to preserve the stability and well-being of employment, community or business relationships during the turbulent process of litigation or prior to filing a lawsuit. The predictability of mediation reduces the stress of legal conflicts and puts important decisions in your hands, rather than in the court’s power.

Resolving contract disputes

When a contract is breached, it can wreak havoc on your business. When it is in your best interest to resolve a dispute outside the courtroom, I can effectively guide negotiations toward win-win solutions, often preserving business relationships and sparing you the expense and uncertainty associated with litigation.

Contact a strong San Diego, California mediator to help you resolve your disputes

Contact Anthony S. Deutsch at 619-985-7240 or contact us online.

Anthony S. Deutsch serves clients throughout San Diego County and nationwide.

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Our office
San Diego Office
3720 Utah Street
San Diego, California 92104
Phone: 619-985-7240
Email: [email protected]