South Pasadena, CA 91031
Fax: 323-227-1489
|
Frequently Asked Questions
These are some of the questions most frequently asked by either attorneys or parties to a dispute or both. If you have a question not answered by this section or at any other page of this website, please contact Mr. Bloss for a prompt response.
What are your case management and/or administrative fees?
There are no such fees.
What is your mediation style?
If every dispute were the same, I would use the same effective style for each. But every dispute is different, and not just because the legal issues are different. Participants, attorneys and their clients, bring different perspectives and expectations to mediations. Often these are not obvious or even fully recognized by those who have them. Sometimes they change during the course of a mediation session. I help people resolve disputes and use all the skills I have learned over the years to make that happen. I do not even think in terms of a labeled style when I begin a mediation session, or as the process progresses toward resolution. I may combine and shift between different approaches as needs require and participants should not even notice such a shift when it happens. I always invite counsel to provide me with their input in advance of the session, and that includes their opinions as to what is needed and expected, such as the approach of the neutral, to effect a resolution. If a dispute warrants, in the opinion of counsel, a particluar approach, then such information is always welcome.
Why don’t you specialize on one type of dispute?
I specialize in helping people resolve disputes and I focus on resolving the types of matters where I have experience as a mediator, litigator, corporate in-house director of litigation, and/or engineer. My background is pretty broad, and in some areas pretty deep too. Some consider a mediator’s familiarity and experience with the legal and factual issues in a specific subject important and some consider it irrelevant; without taking a position in that debate, and regardless of how important it is to you, I am familiar with most if not all issues in the types of cases I accept as a mediator.
Does there have to be a lawsuit before mediation can be used to resolve a dispute?
No. Attempts to resolve disputes through mediation are often required in contracts, as a condition that must be satisfied before a lawsuit may be filed. But whether pre-litigation mediation is required or not, sometimes disputes can be more easily and effectively resolved before there is a lawsuit. Recognizing and resolving a dispute early can be very cost-effective. A lawsuit can often mean that attempts to find a resolution to a problem were unsuccessful and the parties have resorted to the courthouse for help; mediation is not always part of those initial attempts, but it certainly can be. Workplace conflict, contractual disputes, business differences, construction issues, problems arising from real estate transaction, insurance coverage disagreements and many other types of disputes can be addressed through mediation at any time, whether or not they are already the subject of litigation.
How long does a mediation last?
This is one of the most common questions, and one with no easy answer. The short answer is that a session lasts as long as it takes to achieve a resolution or for everyone, including me, to conclude that more effort devoted to the mediation process at that particular time would be futile. Frustration with there not being an instantaneous, miraculous resolution early in a mediation session is not the same thing. After conducting hundreds of mediations, and after discussing the dispute with counsel at the outset of the assignment, I have a pretty good sense how long should be set aside for a mediation and will offer my opinion. Mediation is more a process than an event.
Who should attend the mediation? Who should not?
Every party and party representative with settlement authority must attend. Anyone else whose input is needed or whose authority or approval is necessary to conclude a settlement agreement should in most instances also attend. See the "Rules" page of this site as well. Anyone whose presence would disrupt the resolution process and whose attendance is otherwise unnecessary might be best left off the list of invitees.
Will you convene the mediation session in my office?
Nearly all of my mediation sessions are conducted in the offices of counsel.
Can I or my client or my insurance representative (or someone else who will be making a decision) participate by telephone?
I highly recommend against it. For a number of reasons, physical presence is preferable and not being at the session physically can present an additional set of potentially complicating obstacles to resolution. Nevertheless, I have successfully resolved matters where participants were on the phone, constantly or nearly non-stop, throughout the mediation session, and other matters where the telephone contact was periodic. Who will not be attending is an issue that must be fully explored, through my office, with everyone before the mediation is set; attendance or the lack thereof should not be a surprise, especially at the last minute, to anyone.
Do I have to provide you with a mediation brief?
It is not mandatory. However, I prefer mediation briefs, because I have found that most participants like the mediator to be aware of as much as possible about the dispute before the mediation session convenes. I have also found that the process works more efficiently if counsel provide me with briefs, and any other materials they want me to understand, in advance. Thoughtful briefs also allow counsel and parties to fully evaluate both their own and their opponent’s positions, strengths and weaknesses.
Will you mediate a dispute where there are no attorneys involved?
In some instances yes, but that is not my preference and it may not be best for those involved in the dispute either.
In what languages do you conduct mediations?
English. However, as long as can I communicate with everyone, through counsel, an interpreter or others, I can conduct and have conducted mediations successfully where some participants are/were not conversant at all in English.
Copyright 1999 - 2010 Donald R. Bloss, Esq. All Rights Reserved
|
Contact
