Arbitration is a process when both sides hire a neutral person (the arbitrator) to listen to each side present evidence and then render a decision, when disputing on something. An arbitrator usually has the authority to perform a binding decision on the parties. Mediation is a process when parties hire a neutral person (the mediator) to facilitate discussion and negotiation between the parties in order to help them to reach a settlement of their dispute. The mediator does not impose decisions as an arbitrator or judge would. Instead, he behaves as a neutral person to help opposing sides explore options that will lead to and result in settling their dispute.
The mediation process is governed by California Evidence Code, §1115 through 1128. “No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration, administrative adjudication, civil action, or other non-criminal proceeding in which, pursuant to law, testimony can be compelled to be given.”
Our attorneys provide Real Estate and Construction Mediation and Arbitration services. As your mediator or arbitrator in your real estate or construction controversy, we will listen carefully to your needs and together we will resolve the appropriate model of dispute resolution that will have a satisfactory resolution in order to protect your interests. Our professional lawyers are well prepared to mediate your case in a facilitative, evaluative, or advisory style and other combination thereof.
We always put our clients’ best interests first, whether we are representing them in litigation, arbitration or mediation. A successful outcome for our client means we have acted in our client’s best interest, regardless of the difficulty of a case.