Mediation

Mediation is a form of alternative dispute resolution that can be a more effective and efficient way to resolve conflicts than litigation. In mediation, a neutral third party, called a mediator, helps the parties involved in a dispute to communicate and negotiate in order to reach an agreement. This is intended to be a more collaborative and consensual approach than going to court, where the process is typically controlled by attorneys, and the outcome decided by a judge or jury.

Mediation is less expensive and less time-consuming option than going to court. Because the parties involved in the mediation are able to control the process and reach their own agreement, the process can be tailored to their specific needs and completed in a shorter amount of time than a court case. This can save time, money, and stress for all parties involved.

Mediation is a more confidential and private process than litigation. In court, proceedings are open to the public and sometimes reported in the media, which can be embarrassing or uncomfortable for the parties involved. In mediation, on the other hand, the discussions and negotiations are private and confidential. Any agreement reached at mediation can, if desired by the parties, be crafted in a way that makes it enforceable in a court of law.

Overall, mediation is generally a more effective, efficient means of resolving certain types of disputes than going to court.

Online Mediation uses media technologies such as Zoom, phone, email and SMS / texting to best help participants resolve their disputes remotely. Application of the “media rich” technologies such as Zoom, in combination with audio (phone only) or text-only (email and SMS) are revolutionizing the mediation process. Mediation sessions may now be scheduled and conducted creatively, either jointly or individually, with sessions scheduled at the participants’ convenience, even staggered sessions in which the mediation is broken up over days or weeks. Of course, going on-line eliminates the need for travel, creating a more accessible, more economical process than with traditional face-to-face mediations.

No. The mediator is a neutral. The mediator will not tell you how to resolve your matter and will render no legal opinion or decision. As a party in a dispute, you are advised to consult with your own attorney to understand your legal rights and obligations. Although Chris Fierro is a practicing attorney, he will not offer legal advice but will work with all sides toward achievement of a mutually agreeable result. All parties must sign a confidentiality form, so under California Law if no agreement is reached, none of the information presented or discussed at the mediation can be introduced against you if your dispute ends up in court.

Most disputes can. Fierro Mediation offers a free initial consultation where we can discuss whether mediation is suitable in your case.

Each party to the dispute must agree to participate. If you are not sure if the other side will agree to mediation, our office can send out a standard form to see if there is interest.

Mediation fees are $350.00 per hour ($175.00 per hour per party for two parties). Add $175 per party per hour for additional parties. Our mediations average four hours duration. In such case, the first hour is used for pre-mediation discussions and review of documents, with the remaining three hours used for mediation sessions. However the length of the mediation will depend on the complexity of the matter and the number of participants. We will consider requests to adjust our fees on a sliding scale basis, based on verified need by a participant.

Mediations are Offered Online: Mediations are offered as an online service, typically via Zoom, available in timeframes ranging from four hours to multi-day sessions. All fees must be paid in advance of the mediation. We recommend payment be divided equally between the parties. Services provided for time in excess of the scheduled mediation will be billed at $175 per hour per party.

In-Person Mediations: If a mediation conducted in person is desired, please contact Chris to discuss availability. Additional costs will apply.

Cancellation Policy: Mediations canceled with less than 96 hours (four days) notice before the first scheduled meeting will be charged $500.