F.A.Q.

Q. What is mediation
What is mediation? Mediation is a voluntary method of working out disputes. The parties meet with a neutral mediator and discuss potential solutions with the goal of reaching an agreement. It is an alternative to going into court and asking a judge to make the decision "who wins" and "who loses."

Q. Why do people use mediation?
Lawsuits are very expensive to prosecute and defend; plus, they may take years to resolve, they require a lot of time and can be very stressful. The outcome is outside the parties' control as it will be decided by a judge or jury. Mediation can stop the bleeding of time and money, and puts the outcome of the dispute completely within the control of the parties.

Q. What does the mediator do?
Although Mr. Seth is an attorney who advocates for his clients, as a mediator he is a neutral person and doesn't take sides. He assists the parties in explaining their position so that they are heard and understood by the other side. By communicating effectively in this way, the parties are more likely to reach an agreement.

Q. What happens if we reach an agreement?
When an agreement is reached that resolves the dispute, or even parts of it, the mediator can write a memorandum of understanding that recites the terms of the parties' agreement. This memorandum can then be reviewed by the parties' attorneys, or signed by the parties at the mediation if they are not represented by attorneys.

Q. What happens if we don't reach an agreement?
In all likelihood, the parties will at the very least have a better understanding than when they came into the mediation of what it will take to settle the dispute. The parties' relationship with each other will also likely be improved so that a further settlement attempt may be successful.

Q. When does the mediator decide the outcome?
The mediator never makes this decision. The outcome of any mediation is decided only by the parties themselves.

Q. How long does mediation last?
The length of any mediation is decided by the parties. Their ability and willingness to discuss the issues and consider solutions determines how long the mediation may take.
A dispute with very few issues is often resolved within three or four hours. More complex disputes may take a full day or more.

Q. Do attorneys attend the mediation?
Any party who is represented by an attorney may bring their attorney to mediation, if they wish. Some parties attend mediation without their attorney, and if an agreement is reached, they then have the attorney review the memorandum of understanding or draft agreement before signing it.Disclaimer
The information contained in this web site is of a general nature and pertains only to vehicles purchased in California. You are advised not to rely on this information for legal advice, but to seek specific advice regarding your particular circumstances from an attorney.