Hill Mediation Services

WHAT IS MEDIATION?

The term “mediation” broadly refers to any instance in which a third party helps others reach agreement. More specifically, mediation has a structure, timetable, and dynamics that ordinary negotiation often lacks. Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with the assistance of a neutral third party. The mediator assists the parties in attempting to reach a negotiated settlement. The process is private and confidential. Participation is typically voluntary. The mediator acts as a neutral third party and may facilitate dialogue rather than direct the process.  However, the mediator may be asked to assist in an evaluative process where she may asked to opine as to the merits of a particular case or claim(s). Mediation can be used to resolve disputes of any magnitude.

Depending upon the nature of the dispute, and the “sticking points” to a negotiated settlement, mediators use various techniques to open/improve dialogue between litigants, display and encourage empathy, and assist parties in seeing strengths and/or weaknesses in their respective positions, ultimately aiming to help the parties reach an agreement.  

WHICH MEDIATOR?

The mediator’s skill, training, and temperament are key factors for effective dispute resolution.  Ms. Hill has 35 years of experience in litigation over a wide array of matters.  She has handled complex business litigation matters, in both State and Federal courts, contract disputes, intellectual property, employment law cases (both defense and plaintiff), environmental law, CEQA matters, construction defect, personal injury, and professional liability, among others. She also practiced criminal law as both a prosecutor and defense attorney.  As a practicing attorney she achieved resolution in the vast majority of her cases, yet she has tried over 50 jury trials and more than 30 bench trials. She also taught Criminal Law, Constitutional Law, Juvenile Justice, and Legal Ethics.

This extensive background has provided Ms. Hill with perspective that enables her to quickly grasp the not only the facts and legal issues in dispute, but often the dynamics that may have impeded earlier efforts at resolution.  She will adjust her particular mediation style based upon the dynamics observed during the mediation, as well as the needs of the needs of the parties and/or desires of counsel.  Her ability to establish a positive rapport and convey empathy and understanding often proves extremely helpful in assisting parties to make decisions which inure to their benefit.  In mediation, where the mediator is previously unknown to the individual litigants, it is this ability to quickly establish rapport that can often mean the difference between a successful and unsuccessful mediation.

WHY MEDIATE?

The advantages to such a negotiated resolution are numerous. The most obvious advantage is the cost savings associated with resolving matters without incurring the substantial costs inherent in a trial (and potentially without incurring the additional costs of appeals), the certainty of an outcome, the satisfaction of arriving at a resolution which is within the parties control rather than having a decision imposed upon the parties, and having a dispute “in the rearview mirror” rather than consuming the time and energy that are inevitably part of ongoing litigation.  Since most cases ultimately resolve short of going to trial, resolving a matter earlier in the process provides substantial advantages.  A sometimes overlooked benefit to mediation in assisting parties at achieving a desired resolution is that, at times, the mediator has an advantage over the attorneys representing their clients: since the mediator is a a neutral third party without any perceived incentive to reach a particular outcome, this fact alone can be helpful when a client may harbor (even unexpressed) concerns about the reasons for their attorney’s advice.  Sometimes, the very same advice is more easily received from a mediator. 

WHAT TYPES OF MATTERS ARE OFTEN MEDIATED?

Disputants may mediate disputes in a variety of domains, such as: contract disputes, corporate and partnership disputes, professional liability, intellectual property, negligence claims, personal injury, employment and workplace disputes (labor, wage and hour, sexual harassment/discrimination, age discrimination, disability discrimination, etc.) PAGA disputes, construction defect, real estate disputes, and land use litigation.