Practice Areas

Often cases can resolve simply through the intervention of lawyers, because when lawyers for each side analyze the facts and the legal issues, often it becomes apparent that each side’s strengths match the other side’s weaknesses, and vice versa. Once the legal outcome can be assessed, avenues for resolution appear. Lawyers are generally able to communicate without the emotion and upset of the parties themselves, and early resolution becomes feasible.

Many contractual situations are now subject to mandatory binding arbitration, a substitute for trial, that leads to a sort of mini-trial before a private arbitrator, who is empowered (by the contract between the parties) to make a binding decision that can be entered as a judgment.

Arbitration clauses now appear in nursing home contracts, Kaiser member agreements, auto sales contracts, and myriad other contexts, as business strive to limit their exposure and expense, by steering clear of the risks of a jury trial.

Mediation is a voluntary process of negotiation, guided with the assistance of a trained, neutral third party, who has no stake in the matter, beyond facilitating discussions among parties and their attorneys. No decision is handed down; the parties retain control of the outcome. The mediator’s only power is to show the parties how their case might be perceived by a stranger, and to help them evaluate the risks and benefits of going forward, so they can find a “win-win” solution that works for all parties involved.

Some disputes are simply not resolvable, because the parties do not see eye to eye on the risks and benefits, and the likely outcome of a case before a jury.

Cases can proceed to a “bench trial,” where a judge hears the evidence and decides the outcome, or to a “jury trial,” where citizens from the local community give their time and attention to the evidence and decide what should be done, generally on a majority-rule basis.