Mediation
I have been actively involved in mediation of complex agreements for many years. It is an extremely effective way to settle disputes confidentially, without going to court. Confidentiality of mediations is protected in California by a well-developed mediation privilege that has its own specific section of the California Evidence Code. I find this promotes frank and open negotiations of confidential and sensitive matters. Also, in mediation, all of the parties involved in any dispute get the chance to be heard and say their piece. Because communication is direct, with the aid of a mediator, real issues are more quickly brought to the surface, discussed, and often resolved. In Estate Planning, Family Law, and Business Planning, parties are often in complex, very personal relationships, but must reach an agreement that conforms to a myriad of laws and regulations. I have found that people tend to respect agreements that they have had a hand in fashioning. A lawsuit is always available, but mediation is more likely to lead to a better result at less financial and emotional cost.