Mary Ann Foster, Mediator

“The notion that most people want black-robed judges, well-dressed lawyers and fine-paneled courtrooms as the setting to resolve their disputes is not correct. People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible.”                                         - Warren E. Burger, Chief Justice, United States Supreme Court

Here are examples of some situations when mediation can be used instead of litigation:

• Homeowners association has issues with an owner who is violating covenants.
• Dispute over the return of real estate earnest money.
• A barking dog is causing neighbors to lose sleep.
• A contractor doesn’t complete a home improvement project.
• A new home purchaser discovers construction problems the builder won’t address.
• A tenant leaves a rental property damaged.
• A consumer purchases a defective product, and the business won’t stand behind it.
• Siblings are fighting over personal possessions following a parent’s death.
• You are injured by another person’s carelessness.

Do you have a situation that might benefit from mediation?

I have been helping people resolve conflicts since 1998. Through years of work in civil litigation, I have seen the huge costs of litigation for those involved in lawsuits: money, time, energy, stress, anxiety and distraction. I have also seen how effective mediation can be in resolving conflicts, lifting the burden of the conflict and enabling the people involved to get on with the rest of their lives. If a fair result can be achieved early in the legal process, it is usually very much to the client’s advantage to vigorously pursue a solution that is workable for all parties.

Mediation services are offered in a variety of areas, including:

Real Estate

Eminent domain

Contract disputes

Inspection issues

Earnest money disputes

Conflicts with brokers

Landlord/tenant disputes

Construction

Construction defects

Home improvements

Community

HOA/common interest community disputes

Neighbor conflicts

Schools

Business

Contract disputes

Consumer issues

Insurance settlements

Civil Litigation

Civil actions

Small claims court

Family disputes

Elder law

Negotiation

Real estate and business matters

Consultation

Conflict management

Education

- Mediation is a confidential and private process.

- Mediation is a structured process, yet informal.

- You set the timetable to mediate. There is no need to wait for a lengthy litigation process.

- Mediation can save a lot of time. A resolution might be reached in a single session.

- The sooner a resolution is reached, the sooner one can experience thelifting of the burden of the conflict, and the relieving of the stress, anxiety, uncertainly, distraction and expense of the conflict.

- The parties control the outcome of the process. The outcome of litigation is never a “slam dunk.” There is always some uncertainty in the outcome.

- Mediation is much less expensive than litigation. Even a very simple lawsuit can cost several thousand dollars in attorneys fees, plus costs, which can be significant if there is discovery and depositions. Usually, parties pay for their own attorneys, and there can be a risk of also having to pay the opposing party’s attorney fees if one losses. The earlier in the litigation process mediation is used, the greater the cost savings can be. The cost of a mediation session can be less than a single hour of attorney time.

- Mediation can address all conflicts and concerns, not just legal issues.

- It is possible to reach comprehensive practical solutions that are tailored to each specific situation. Solutions can be very creative.

- Mediation can help the parties preserve on-going relationships.

- Since the parties have invested in the mediation process, solutions reached are more likely to work and be performed by the parties than when a court dictates the results.

- Mediation is voluntary. One’s legal rights are preserved if no solution is reached.

- Even if a comprehensive solution is not reached, mediation can lead tobetter understanding and improvement in situations which can prevent legal confrontations.

- Mediation can be flexible. Attorneys may or may not be involved, depending upon the wishes of the parties and counsel. Any written agreements can be reviewed and approved by counsel for each party.