Alternative dispute resolution techniques are becoming employed more broadly in the United States than ever before. Some reasons for this include the weaknesses inherent in the traditional adversarial litigation process. Litigation is expensive and time consuming. As a result the process is not even economically feasible unless the amount in controversy is enormous. Another drawback of litigation is that it fosters secrecy and mistrust among the parties. Litigation escalates fear, anger, and stress which are particularly damaging in family law cases – causing irreparable damage to children, if involved.
Why Use A Mediator
Mediator Joshua Hershon, Esq. has undergone extensive mediation training at premier training facilities around the country, and he is Certified to Practice mediation in California. The mediation process to resolve conflict through directed communication focused on interest-based negotiation – rather than traditional positional bargaining. Positional bargaining, in example, would be where a merchant says, “your offer is way too low, for I paid X-dollars more than that for the item.” At this point he has now committed to that position – if he wants to accept a lower price later in the negotiation, he loses face – so due to his interest in saving face he now risk not settling the dispute. Instead, the merchant can negotiate based on viewing the transaction as a win-win opportunity rather than one party winning and one losing. He might say, “your offer is lower than I had hoped but perhaps if I gave you a three day return guarantee you would pay the price I seek, Y dollars.”
Let our firm show you the efficiency and effectiveness of bringing your dispute in for a soft landing. Make it a win-win. Call 760.473.0387 and ask for Joshua Hershon, Esq.