Conflict can be stressful and expensive, whether it's a legal dispute or a family matter. Mediation can help in resolving the conflict and moving forward easier. In Mediation, people meet to work out a solution to their issue with the help of a neutral person. It is private, confidential, and voluntary.
Mediation is an Alternative Dispute Resolution (ADR) technique that allows you to find a solution that works for all parties.
When you choose to mediate your dispute, your mediator does not decide who is right or wrong, nor is there any judgment passed. Mediators help guide the process, listening to everyone's concerns, assisting in crafting solutions, and facilitating thoughtful discussion. The people involved in the mediation make the decisions they feel are best for themselves, and that all of the parties can accept going forward.
Mediation can be a viable option for any dispute that you are considering taking to court or arbitration.
We mediate in those areas in which we litigate, plus the following specialized mediation services:
The financial and emotional cost of litigation can be overwhelming, and the energy and time involved can drain your reserves. Mediation is efficient, fair, confidential, and solution-oriented.
We provide mediation and dispute resolution for businesses in Silicon Valley and the San Francisco Bay Area.
Mediation is well-suited to resolving workplace and employment disputes because of its confidentiality, flexibility, and attention to individual concerns.
Elder care mediations and facilitated family meetings provide a safe, respectful environment for family decision-making and planning.
Why choose mediation over litigation to resolve a dispute?
Maintain Relationships: Litigation is adversarial and can be divisive. Mediation allows you to remain on good terms with the other party. This could be business partners, vendors, independent contractors or consultants, family members, coworkers, neighbors, or a landlord — anyone with whom you have a continuing relationship that you want or need to maintain. Mediation helps resolve diputes and preserve relationships.
Private and Confidential: In a court proceeding, everything said or submitted may be made available to the public. Whether you want to protect trade secrets or avoid disclosing potentially embarrassing information, there is a much higher level of privacy with mediation. Generally, what is said during mediation cannot be revealed outside the mediation proceedings or used later in court.
Affordable: Most often, mediation is less costly than litigation. If parties participate in mediation prior to the filing of an action, they may be able to avoid fees and other costs associated with litigation.
Faster: Mediated disputes can be resolved much faster than those litigated through the judicial system. It is not unusual to reach a resolution in a single session of mediation. When a mediated dispute requires more time to resolve, it is still more often faster than when a matter is litigated, helping the parties avoid depositions, motions, and additional activities that take place in litigation.
Creative: The outcomes of mediated disputes are not mandated by a court or a judge. With the help of a mediator, the parties craft the solution that fits their situation.
Mutually Satisfying: Because the parties contribute in resolving the dispute, they are generally more satisfied with the mediated outcome. When a judge or jury renders a decision, the outcome can be unpredictable, and one or both parties is often dissatisfied. This can lead to appeals, lengthen the litigation process, and proves costly for all involved.
Is Mediation Right for Me?
Mediation works best when it is used earlier in a dispute, but even later it can help resolve issues and allow the parties to heal the wounds of conflict.
Mediation can be helpful in settling disputes between:
- Injured Parties, Personally or Financially
- Business Owners, Shareholders, and Partners
- Competing Companies
- Employees, Employers, or Contractors
- Elders, their Families, and Caregivers
- Insurance Companies and Policyholders
- Commercial and Residential Landlords and Tenants
- HOAs, Board Members, and Residents
Jeffrey R. Windsor assists in resolving a broad spectrum of disputes, including corporate and business disputes, and construction, insurance, real estate, personal injury, and employment actions. He has mediated workplace conflicts, HOA and neighborhood association disputes, and has helped families resolve issues between siblings, parents, and elders as they have addressed some of society's modern challenges.