Brian J Purtill

What is Mediation?

PurtillAdmin11 — Tue, 03 Nov 2015 18:53:39 +0000

Mediation is a place where dispute and resolution meet. It’s where people involved in a fight can safely, confidentially, and thoroughly, work through what matters most to them. It’s not magic; it’s a process, a process by which a neutral facilitator allows for a full understanding and analysis by all of all viewpoints. Mediation is confidential, freeing up the parties to speak their minds, hear the other’s view, and investigate all the options. The goal is not to ignore or diminish the conflict itself, but to engage it. Parties are encouraged to analyze the strengths and weaknesses of the various positions, and to develop a full understanding of the conflict’s components. They can then identify their best and worst options for solving the problem, and reach an agreement which satisfies all involved.

Mediation: An Effective Solution for Cases Of All Types

PurtillAdmin11 — Tue, 03 Nov 2015 18:38:11 +0000

Dissolution and Family Law:

Divorce cases in California for over forty years have been submitted to mediation, often with spouses jointly hiring the mediator instead of hiring separate attorneys. If needed, their agreement can be finalized by attorney consultants for filing with the court. The entire process can be much more collaborative than adversarial and will more likely result in an agreement that both spouses will honor going forward.

Business Disputes:

No one knows better the value of an early resolution than business folks. It’s not always just as simple as calculating the high cost of the alternative to reaching an agreement, but that reality check is often what brings about an agreement which can keep the job moving, keep the relationship alive, or put the matter to rest and get back to business.

Trust and Estate Matters:

These disputes can last years in the court system, with the costs exhausting the very estate and/or inheritance people are fighting over, and all the while alienating the family members from each other even more than they were at the start. Mediation can address the stumbling blocks early and often, in a confidential setting which allows the parties to identify and evaluate the issues which are most important to them.

Personal Disputes:

When the problem is too big to ignore, but too small to hire a lawyer, mediation can actually take the place of a lawsuit. It can not only bring neighbors, homeowners, contractors, real estate professionals and others together to reach an agreement, it can provide for a process for investigating the issues as well. And all at a shared cost and a timetable more efficient for those involved.

Who Should Mediate

PurtillAdmin11 — Tue, 03 Nov 2015 18:37:02 +0000

Who should mediate? As long as you are capable of speaking up for your side and hearing the other side, and you truly wish to resolve the problem, YOU should.

If you’re an attorney who represents litigants, you already know that mediation is a well-known and often-recommended process for civil cases.

If you’re a business professional in a dispute with your partner or client, go to mediation early and you can end the argument the way you started your relationship, with a handshake.

If you’re a neighbor fighting over a boundary line, fence or driveway, or you are involved in a landlord/tenant dispute, you can make the deal that works best to allow you all to live together peacefully.

If you’re a homeowner at odds with your contractor over a construction project, or a home buyer in a real estate purchase having discovered undisclosed defects in the house, early mediation works by getting to the heart of the problem before the problem takes on a life of its own.

If you’re a spouse in need of a divorce, a parent of a student with school disciplinary problems, or a brother or sister embroiled in a fight over the inheritance, mediation allows everyone a voice, which keeps the whole family involved and working toward resolution.