Tips for Mediation

Presence at Mediation
Presence means having the decision makers physically present at the mediation to assist Mr. Kaplan in reaching a mutually agreeable binding resolution. Presence also means that participants be present and not be distracted by outside influences such as cellphones, laptops, tablets or web surfing while meeting with Mr. Kaplan. Be prepared to be present and actively participate for a full day to reach a settlement.
Share Information Freely
Mediation is a confidential process where information that is shared during the mediation process is inadmissible in any civil proceeding. Parties should freely and completely share information and documentation with Mr. Kaplan and the other side to give the parties the best opportunity to settle their dispute out of Court.
Stay Open to All Options
Allow the mediation process to play out completely and do not close off possibilities that may not be what a party saw as an option at the outset of the mediation session.
Use Your Mediator’s Experience
Mr. Kaplan is a trained dispute resolution professional who remains neutral, calm, cool and collected during the mediation. He uses creative problem-solving skills to help disputants achieve mediated solutions.
Come to Mediation Ready to Settle
Disputants should come with language they want to be included in an eventual settlement agreement. A settlement to be enforceable in Court must be in writing, signed by all of the disputants and contain language that the disputants voluntarily consent to be included in the written agreement.
Mediated Resolutions Preferred
It is impossible to know with complete certainty how the legal system will decide a particular problem because there are a number of different variables that can lead to very different results in the court system. Mediation allows the parties to reach a mutually agreeable resolution and remove the guess work of what a judge, jury or arbitrator will decide.

Why Mediation, Not Litigation?

  1. Lower cost than litigating dispute through trial or arbitration
  2. Parties control the outcome
  3. Flexibility with the outcomes achieved
  4. Opportunity to air grievances in a safe setting
  5. Avoid biases of decision makers, i.e. judge, jury or arbitrator
  6. Quicker way to reach a binding resolution
  7. Privacy – mediation confidentiality is strictly observed and enforced through California Evidence Code sections 1115-1129.