Mediation Process

The Law Offices of K. Greg Peterson helps clients throughout the Sacramento area resolve disputes as quickly and cost-effectively as possible by using mediation as an alternative to trial.  We believe that nearly any civil disputes can be resolved through mediation, including business, real estate, environmental and construction disputes.  It is the high cost of litigating cases to trial for both sides that has led to the exponential growth in the popularity of mediation, and it is now the method used to resolve complex business and real estate disputes.  For additional information, please see our mediation frequently asked questions page. 

How it Works

In a mediation, the parties typically meet on a date they pick and use a mutually-selected neutral mediator who tries to help them negotiate a settlement of their dispute.  Statistics prove that most cases settle using this process.  Unlike a trial, which is constrained by scheduling, legal and other limitations, a mediation encourages the parties to mutually resolve their disagreement in a much more informal and relaxed setting.  The parties do not testify, or present any evidence.  Often detailed briefs and summaries of key evidence are exchanged ahead of the mediation.  In some cases but not all cases, mediators will encourage the parties counsel to make abbreviated opening statements, in order to present a summary of the law and facts supporting their side of the case.  However, the role of a mediator is not to evaluate the case and make a decision in one party's favor like a judge, jury, or arbitrator, but rather to facilitate open communication and understanding between the parties themselves. 

Mediation typically begins with the parties coming together with the mediator and setting an agenda.  The relevant issues are clearly defined, and each party is given the opportunity to express its position and concerns.  Often, the mediator asks the parties to refrain from engaging in argument during the mediation process so that the parties can focus completely on resolving the dispute. 

The parties then enter private caucuses with the understanding that what they discuss with the mediator will be confidential.  This encourages each party to discuss their position candidly with the mediator without having to worry that what they say will affect negotiations.  Often, the mediator will work to help each party see the merits in the other side's case.  Often this results in the parties reaching a mutually beneficial agreement that results in a full and final settlement of all outstanding disputes.

Choosing a Mediator

For attorneys seeking mediators to assist with a settlement or for clients who would like to explore alternative dispute resolution (ADR) options, it is critical to select a neutral that has experience mediating a diverse range of cases.  In addition to being a skilled litigator, K. Greg Peterson has assisted numerous clients with resolving their disputes through mediation, and has worked with many of Northern California's premier mediators.  On occasion, Mr. Peterson himself has also been retained as a mediator.