Mediation Newport Beach

Mediation Newport Beach

Have you thought about the benefits of mediation? Some of benefits of mediation are cost, confidentiality, control and compliance. Mediation generally takes much less time than moving a case through standard legal channels. While a case in the hands of a lawyer or a court may take months or years to resolve, mediation usually achieves a resolution in a matter of hours. Taking less time means expending less money on hourly fees and costs.

With mediation the goal is to resolve disputes and conflicts amicably between all parties. Mediators have to use people skills, persuasion, and patience to facilitate the dialogue between the parties with the goal to reach a settlement. Mediators should evaluate the merits of both cases a seek middle ground where involved parties are compelled to reach an agreement. Mediators do not have the authority to render decisions; any party is free to leave the mediation at any time.

One of our specialists training in mediation for Newport Beach is retired Superior Court Commissioner, Keith M. Clemens. For the past 13 years, Commissioner Keith Clemens has been a private judge for mediation and dispute resolution. He conducts trials and hearings as a temporary judge (judge pro tem), arbitrations, mediations, and settlement conferences Commissioner Clemens also serves as a discovery referee, as a case management officer and as a special master/family facilitator.

Commr. Clemens presided over Family Law direct calendar courts in Los Angeles Superior Court Department NV-J (San Fernando) from July 1991 through December 2002, and Department 9 (Central District) from January 2003 to November 1996. During that time he also handled a four month temporary assignment to a criminal court, which included felony jury trials and a criminal law calendar.

Commr. Clemens was an Adjunct Associate Professor of Law at Southwestern University School of Law from Spring 2006 to Summer 2008. In the Fall of 2005, he was an Adjunct Professor of Law at the University of West Los Angeles School of Law. Since 1991, he has been an instructor, panelist or speaker for more than 100 continuing legal education programs.

Another trained IVAMS mediator is David T. Armstrong. David is a full-time arbitrator, mediator and ADR Educator in the Construction Industry. He is a Master Arbitrator and Mediator for IVAMS. For twenty five years David was the owner and president of Armstrong & Co, a General Contractor building single family custom homes (up to 55,000 sf), multi-family projects including, rentals and condominiums, office complexes, industrial structures, recreational resorts (RV resorts, golf courses and ski resort), surgi-centers, medical office complexes, restaurants, fish research and visitor center and hatchery, and a wastewater treatment facility and lagoon system

So if you are in need of mediation Newport Beach, contact an IVAMS office. The corporate office is located in Rancho Cucamonga California near Route 66 on White Oak Avenue. Case can be heard in NewPort Beach on Birch Street off 73 freeway, Pasadena on N. Marengo Avenue near the 134 and 210 freeways, and in San Diego downtown off 4th Street near Broadway and 4th Avenue.

Mediation Newport Beach
IVAMS
(909) 466-1665
8287 White Oak Avenue Rancho Cucamonga, CA 91730

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Negotiations

A dialogue intended to resolve disputes to produce an agreement upon courses of action, to bargain for individual or collective advantage, or to craft outcomes to satisfy various interests. It is the primary method of ADR. Negotiation can occur in business, non-profit organizations, government branches, legal proceedings, among nations and in personal situations such as marriage, divorce, parenting, and everyday life.

Mediation

The goal of mediation is to amicably resolve a dispute through the efforts of the parties. The role of the mediator is to utilize patience, persuasion and people skills to facilitate the dialogue between the parties in order to reach settlement. The mediator does not have the authority to render a decision; the parties are not compelled to reach an agreement. Any party is free to leave the mediation at any time.

Neutral Fact Finding

Beyond the basic types of alternative dispute resolutions there are other different forms of ADR. Neutral fact-finding is a process where a neutral third party, selected either by the disputing parties or by the court, investigates an issue and reports or testifies in court. The neutral fact-finding process is particularly useful for resolving complex scientific and factual disputes.

Early Neutral Evaluation

Beyond the basic types of alternative dispute resolutions there are other different forms of ADR. Early neutral evaluation is a process that takes place soon after a case has been filed in court. The case is referred to an expert who is asked to provide a balanced and neutral evaluation of the dispute. The evaluation of the expert can assist the parties in assessing their case and may influence them towards a settlement.

Mini-Trials

A confidential, nonbonding exchange of information, intended to facilitate settlement. The goal of mini-trial is to encourage prompt, cost-effective resolution of complex litigation. This two-step process is used to facilitate settlement in which (a) the parties’ attorneys present a summary of the evidence and arguments they expect to offer at trial to a neutral in the presence of individuals with decision-making authority for each party, and (b) the individuals with decision-making . Mini-trials can be described as a more elaborate version of early neutral evaluation.

Summary Jury Trial

An ADR technique, increasingly being used in civil disputes in the United States. It is one of the new forms of dispute resolution being advanced by the regular courts in an effort to reduce docket congestion. In essence, a mock trial is held; a jury is selected and, in some cases, presented with the evidence that would be used at a real trial. In other cases, live evidence is not presented. The parties are required to attend the proceeding and hear the verdict that the jury brings in. After the jury verdict, the parties are required to once again attempt a settlement before going to a real trial.

Arbitration

Arbitration is an adversarial process where a neutral arbitrator renders a decision, called an award, after there has been a presentation of evidence. Like a court trial, arbitration may include representation by counsel, pre-hearing discovery, written briefs, examination of witnesses and oral argument.

Private Judging

A process in which the parties to a dispute present arguments and evidence to a dispute resolution practitioner chosen on the basis of their experience as a member of the judiciary (the private judge) who makes a determination in accordance with their opinion as to what decision would be made. This process is agreed to by the parties whereby the dispute is presented to a neutral third party, typically an experience attorney or retired judge, hired by the parties, who renders a binding decision.