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The lawyer can assist you in choosing this alternative method of dispute resolution in two forms:
As advice: the parties are indeed free to be assisted and represented by the lawyer or lawyers of their choice;
As arbitrator: the choice of the arbitrator is by mutual agreement between the parties. The choice of a lawyer arbitrator is a guarantee of competence and independence. So What is CA affirmative defenses to breach of contract? Here are some words on that.
Conventional mediation
Conventional mediation is initiated by the parties themselves, either because it was provided for in a contract, or because it is initiated by either party after birth of the dispute. It is a flexible and flexible procedure which takes place according to terms agreed by the parties with the mediator.
Judicial mediation
Mediation can also be part of the course of legal proceedings. It is then proposed by the judge, subject to the acceptance of the parties. In this case, the judge will, at the end of the mediation, be brought either to return the case to the hearing in the event of failure, or to ratify the agreement found by the parties themselves in the presence of the mediator. You can go for the Implied covenant of good faith and fair dealing elements CA there.
When can mediation be called?
Mediation can intervene in many disputes:
- Disputes between individuals
- Commercial disputes between customers and suppliers, service providers, agents, etc.
- Disputes in a professional context between employers and employees, between employees
- Real estate disputes between co-owners, owners and trustee
What are the benefits of mediation?
What makes it an original mode of conflict resolution is that it implements techniques that lead the parties to find their own solution to their dispute.
Reciprocal Gain
The use of mediation makes it possible to restore dialogue and recreate a social bond between the parties, avoiding the violence of the confrontation of a trial. There is no loser or winner. It ensures the continuity of relationships. This is particularly valid for companies as soon as the commercial relations have to continue after the end of the dispute. So Are non-compete enforceable in California? The lawyers can tell you.
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Confidentiality
Mediation has the particularity of ensuring the confidentiality of exchanges. Even if it fails, the declarations and documents used in this context cannot be disclosed or invoked in court without the agreement of the parties.
Flexibility and Predictability
Mediation avoids the vagaries of a trial as well on the decisions that will be taken as on the cost and deadlines of the resolution of the dispute, the tariffs and the schedule being defined in advance. In addition, it is a flexible approach which can be interrupted at any time in favor of the conventional legal route.
The Lawyer Mediator
As a customary actor of advice and negotiation, the lawyer can be chosen as mediator in the resolution of a dispute. He is the only independent liberal professional who offers absolute ethical guarantees in terms of professional secrecy, responsibility and predictability of costs through the fee agreement. It draws up a memorandum of understanding while ensuring its legality and the balance of the solution adopted while ensuring its legal security.
