Law Offices of Daniel Quinn

	What is mediation?
	Mediation is a voluntary process that allows parties with an active dispute, or potential dispute, to mediate with a neutral mediator, in an effort to resolve existing problems.
	Is the process confidential and privileged?
	The California Evidence Code mandates that all written materials and all discussions are inadmissable in court for any purpose.

	Is mediation effective?
	I have mediated more than 4,000 disputes. A significant percentage of these disputes are resolved during the mediation process, or during telephonic conferences soon thereafter. This is especially true when all parties lay their options on the table and recognize the risks and benefits of proceeding further. Sometimes parties also take into account the unfortunate costs of bringing disputes to an ultimate conclusion.
	Why do you think mediation works?
	I really have no definitive answer to this question. Intelligent people who volunteer to a resolution process probably, or at least subconsciously, want the process to work. People don’t take time off from busy lives and spend money for hourly rates in order to waste their own and everyone else’s time. Further, ideas can be communicated through the mediator in a non confrontational manner. Responses can be communicated back in a non confrontational manner. People can make a sensible deal. Subjective emotional elements such as guilt, anger, hostility, unreasonable expectations, and the like, can be taken out of the mix. The neutral mediator can serve as a resolution facilitator, making sure that all sides understand the relative strengths and weaknesses of their positions.
	If a case can be resolved by a court or jury, why mediate?
	Often, confrontational persons with significant economic leverage do not realize that there is a down side to dragging everyone else through litigation. First, the potentially winning side must bear significant expenses to conclude a legal confrontation. Second, the potentially losing side can also lose things like pre-judgment interest costs, and attorneys’ fees incurred by the winning party, in addition to their own costs and expenses. Third, many people prefer to resolve their difficulties privately and without publicity. Fourth, the system can be lengthy, especially if appellate remedies are sought. These remedies can often take many years before conclusion is reached.

Last Updated 10/29/08

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