About Mediation

California Mediation Lawyer Steven Cohen

As your mediator in your real estate or construction dispute case, one of the first things we will talk about is what type of mediation style will best suit your needs. Mediation styles vary according to the type of case, the type of participants the best application of the mediator's skills to the particular situation.

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."

Contact attorney Steven Cohen of Cohen & Associates in Santa Monica, to discuss the style of mediation that is most likely to produce the best results for your client's real estate or construction law dispute:

  • Facilitative style: With this approach, as mediator, I will not insert my own opinion into the dialog, but rather, help you and your opponent to arrive a mutually beneficial outcome. I will work to ensure that your solution is based on your own direction and goals, properly considered, weighed and balanced.
  • Evaluative style: In this case, I will give advisory opinions to help the parties come to an agreement.
  • Combination: When parties are represented by counsel, it is common for the mediator to use a hybrid facilitative/evaluative style. Sometimes a "mediator's proposal" may be used.

Steps and procedures that you can expect in mediation include the following:

  • Focus on what you are willing to do to end the dispute and move forward.
  • Communicate openly and honestly with counsel and opponent.
  • Meet individually and confidentially with the mediator in "caucuses," protected under the California Evidence Code.
  • Anticipate and welcome the active participation by both sides for the express purpose of arriving at neutral, creative solutions and options leading to settlement: an alternative to litigation.

Call or e-mail the law firm to schedule an initial consultation regarding mediation in real estate or construction disputes.