Legal Mediation Arbitration
What is Mediation? Mediation is a private and confidential¹ out of court process in which a neutral mediator helps the parties to negotiate and resolve their dispute. Although mediation is a non-binding procedure, once an agreement is reached and documented, that agreement is binding and legally enforceable. Mediation is an effective procedure for resolving disputes that cannot be resolved through direct, unassisted negotiations. A trained and skilled mediator can help the parties resolve their disagreements and settle their disputes without incurring the time, expense and other adverse personal and business consequences resulting from traditional, prolonged court litigation. (Note:¹ In Louisiana confidentiality is required if Mediation is court directed; otherwise, the parties must agree to implement confidentiality in the mediation process, which we recommend, since it facilitates an open and honest discussion of case issues).
Blended Mediation: Alternatively, I recommend Blended Mediation (best option for resolving cases): You may also choose Blended Mediation which incorporates mediation and arbitration techniques. Here, the Mediator mediates disputed case issues but can also advise the parties on probable outcomes on issues that a Court decides; for example: in an injury case, a determination of liability and if appropriate an indication of the amount of damages or compensation payable. Although advisory only and not binding the Mediator's decision carries great moral weight when he is a retired District Judge and generally motivates the parties to settle their case. However, the parties retain the flexibility to reject the Mediator's advice and proceed to extended and expensive litigation in Court.
Judge Granier's former law practice included representation of both Plaintiffs and Defendants. In mediating a case Judge Granier will act as a third-party neutral to assist the parties in resolving their matter and does not represent any party in the Mediation.
Why use Mediation? Because its private, fast and significantly less expensive:
Mediation Court Litigation
Private - Confidential - Informal
Public exposure of personal and business information in document filings, hearings and formal trials
Average, non-complex hearing can finish in
1 - 2 days followed by settlement agreement
Average of 8 months to 3 years to complete case;
longer in complex cases and continued/delayed
Hourly fee: $175 per hour, per party/person or
$175 - $350 per hour/per attorney for all work
required to complete the court litigation process
In the court system, your case awaits resolution by a Judge systematically burdened with hundreds of cases. In Mediation, your case merits singular attention by a Mediator focused on guiding the parties to a negotiated, mutually beneficial settlement of their dispute.
Systematically mired in litigation or expeditiously completed in Mediation. Which would you choose?
Kirk Granier is a retired State District Judge (1997-2008) and retired United States Circuit Military Judge USAF (1998-2006). He received a Masters Degree in Judicial Studies from the University of Nevada Graduate School and National Judicial College as well as dual professional certifications in Judicial Development for General Jurisdiction Trial Skills (2001) and for Alternative Dispute Resolution Skills (2007). He also earned three professional certificates in Civil Mediation and completed one Course in Advanced Mediation Techniques from the National Judicial College at the University of Nevada where he served as a Faculty Facilitator for the Civil Mediation course.