Nathan D. Wirtschafter
Nathan D. Wirtschafter - Making Your Case in California

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Mediation

Mediation has become a critical method of dispute resolution.  Instead of each side presenting the case to a judge, the parties gather around a table and talk to each other.  Mediation empowers the parties to decide via bargaining, as opposed to placing their case in the hands of a third party such as a judge or arbitrator. 

To encourage the frank discussion often needed to resolve a case at mediation, all communications made during mediation are “confidential,” which means that they cannot be introduced as evidence at a subsequent trial or arbitration. 

Sometimes the mediator employs the so-called “mediator’s compromise,” which is a technique used to resolve disputes when the parties cannot decide.  In a mediator’s compromise, the mediator writes down a proposed resolution to the dispute, and delivers it to each side.  Each side gives its response, “Yes” or “No,” to the mediator.  Used appropriately, a mediator’s compromise can often settle litigation before the parties reach court.

In 2004, Mr. Wirtschafter received a mediator’s certificate from the Pepperdine University School of Law, Straus Institute for Dispute Resolution.  He has mediated approximately 20 Los Angeles Superior Court cases.

Given his mediation experience, Mr. Wirtschafter understands the mediator’s role: (1) to create fear, uncertainly and doubt on each side, and (2) to create a bond of trust and confidence with the mediator.

Mediation proceedings are often simple and efficient at resolving disagreements.  However, because a mediation agreement requires compromise, no side ever gets all that it wants.

To speak with a knowledgeable attorney who can provide a free consultation about your mediation and dispute resolution, call (818) 660-2518 or Contact Us and a lawyer will respond to you promptly.

 

 
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