Mediator in San Francisco, CA
DEDICATED mediator in San Francisco, CA
How Our San Francisco Mediator Can Help You
Mediation is a form of alternative dispute resolution (ADR) that allows parties to resolve their case without going to court. It is facilitated by a neutral third party, called a mediator.
Mediation can be used to resolve legal disagreements involving:
- Business transactions
- Construction claims
- Employment issues
- Boundary disputes
- Child custody
- Real estate matters
- Breaches of contract
- Vendor disputes
The strict confidentiality of mediation proceedings is written into the California Evidence Code. This means that all communications between you, your San Francisco mediator, the other parties, as well as your mediator are confidential and completely protected from disclosure. The only time anything that occurred during mediation may be brought into a subsequent judicial proceeding is if the parties agree, in writing, as part of a written settlement agreement.
Family Law Mediation
In Family Law, mediation allows separating parties to negotiate solutions to what are frequently extremely charged issues. If you are involved in a contentious divorce, it may be possible for both parties to benefit from mediation by discussing their options, exploring creative solutions, and creating a written comprehensive settlement agreement. This agreement may include but not limited to terms of how property will be divided, how much if any alimony will be paid, what the custody or visitation rights with children will be, and other divorce-related issues.
Real Estate Mediation
Under California Law Real Property is always deemed “unique”. Disputes involving property are typically high stakes, and taking the matter into the courtroom when it is not necessary is both expensive and risky. Mediation is more likely to produce a better tailored result, as well as a greater likelihood of meeting the intent and desire of the parties.
Mediation of Real Estate matters usually allows a mediator to use a fine scalpel to divide the intent and needs of disputing parties. Due to the Court being bound by the rules of evidence, suffering from budget cutbacks, and the reality that a court day is not an 8-hour day; parties frequently feel as if a meat cleaver was used at trial to separate their issues. An experienced mediator will take their time to help both parties define the issues, and explore creative-workable solutions.
What Are the Benefits of Mediation?
Mediation offers great flexibility as well as cost and time savings. Other benefits of mediation include:
- You can choose when and where the mediation takes place
- All issues are resolved only by the parties involved
- The process allows you and your opponent time to talk without the pressure and stress of litigation
- The mediator will make the time for the matter to be heard when scheduled
- Issues that are disputed can be resolved altogether or one at a time, eliminating issues until a full settlement is achieved
- Mediation ensures privacy
- Mediation, if properly managed, will result in a substantial savings of legal fees and court costs
When both sides agree on the terms of a settlement and can reach an agreement, it can be reduced to writing with the assistance of counsel and the mediator and then submitted to the court to become a fully legal and binding judgement. As a result, you will avoid the expense, risk, and time of a trial. As a mediator and former litigator Martin F. Triano is confident that any experienced mediator will advise their clients that there are no guarantees at trial. As a result of mediation, you minimize the risk of matters going sideways and facing the cost of appeal or bankruptcy.
Reach a Fair Solution With the Help of a Neutral Experienced Mediator in San Francisco
Martin F. Triano is a San Francisco mediator practicing for over 40 years. He has worked on both sides of the table as a litigator, a Judge Pro Tem, and mediator. However, Mr. Triano’s goal is always to help the parties reach a settlement agreement that is fair and equitable without the need or risk for a trial. He firmly believes that if you go to trial, somebody is making a mistake.