Hire a Skilled Mediator to
Resolve Your Dispute

A better question might truly be "Why not mediate?" Mediation is non-binding, meaning unlike with a judge or jury, a mediator has no power to issue let alone enforce any order. Communication at mediation is privileged and generally cannot be disclosed at trial or any other hearing. Everything said or done at or arising in connection with mediation is subject to the privilege. Participants can speak freely, admit weaknesses or goals, and know that nothing they say will be used against them in court. No one is under oath at mediation and there are no rules of evidence.

Mediation can be beneficial so long as the parties are willing to participate. That is the only true requirement. Frequently people engage in mediation believing there is no chance of success, only to find the matter resolved by the end of the session. Other times, mediation can help to clarify each party's strengths and weaknesses, which can help to evaluate the future direction of the case. Even where settlement is not possible, much can be learned at the mediation. The benefits of mediator-supervised communication cannot be overstated. After all, nothing gets resolved without communication.

Communication and flexibility are keys to any successful mediation. Mr. Wilton recognizes the time commitments made by all participants and seeks to expedite the proceedings without losing efficiency. He prefers pre-mediation phone calls and seeks to ascertain the areas of agreement and isolate the areas of disagreement as quickly as possible. He listens to the parties and their counsel and believes progress toward a settlement can only be made when all participants believe their positions have been recognized and considered. Written briefs are not necessary, but they are strongly recommended as a means to frame the disputed issues. Citations references are appreciated where the legal issues may be unique or in dispute. Relevant content is important, format is not. Briefs can be emailed, faxed, mailed, or delivered in advance of the hearing.

Persons with the authority to resolve the case must be present at the mediation or immediately available by phone with consent from all parties. Generally, a binding agreement can be drafted, approved, printed, and signed, before the parties leave the office.

Mr. Wilton's Encino office includes free Wi-Fi, printing, telephone, word processing, and copying facilities. Larger facilities can be utilized where necessary and Mr. Wilton is willing to travel to meet the needs of the involved parties. Contact us today to schedule a free consultation!