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The Three Hour Mediation - Part II

4/21/2016

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An excerpt from David’s upcoming article...

The Three Hour Mediation


   As trial assignment dates get pushed further away, the affordability of effective mediators is becoming an actual factor in the access to justice.

   For courts with an ADR program, litigants with fewer resources still have a shot at early resolution through court assigned mediations.
Typically three hours, the work is done pro bono or for a nominal fee.


   When there is no ADR panel, mediation doesn’t come cheap. And the longer the mediation lasts, the more expensive. Bringing matters to a timely resolution can start to look like something reserved for the parties wealthy enough to afford it. It’s time for a fresh look at what mediators can do to increase the odds of a resolution in a three-hour window of opportunity.

                    Three Hour Mediation to the Rescue

   For many years, it was not surprising to find attorneys who showed up for court assigned mediations unprepared and unwilling to be there. To some, it felt like detention. The generosity of mediators who gave their time pro bono was under appreciated. The unreliable quality of court assigned mediators didn’t help. Not surprisingly, the value attorneys placed on mediation increased with the price they paid.

   Mediators who took on the Three Hour Mediation were challenged by the attitudes of the litigants’ attorneys and their lack of preparation. Important discovery was not completed and the pressure of gearing up for trial hadn’t set in. Still, the mediators had undertaken a trust by the court, and by their profession, to do their utmost to get the case resolved, or as close to resolution as possible. For mediators who were passionate about their profession, these unique challenges gave them an opportunity to develop new tools for efficiency to increase the likelihood of success in three hours, tools that are easily applied to private pay THM’s as well.

   Now that trials are being set further and further away, the value placed on an early mediation has gone up dramatically – mediation may be the litigants’ only opportunity to resolve the case for years. Effective mediators using well-honed THM tools offered at an affordable price can help ensure that justice is evenly distributed and within everyone’s reach.

                                                ---

David Geffen Mediation offers a Three Hour Mediation package for $750.00
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    Author

    David Geffen is a mediator, reasonable accommodation expert/consultant, and professional negotiator practicing throughout California.

    Mr. Geffen was a trial attorney for 28 years. He is also a law school professor, published writer, lecturer, educator, and expert. 

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David Geffen, Esq.
(310) 434-1111 
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