Mr. Gisondo’s approach to mediation is simple. Offer every single case, participant and issue a cost effective alternative to litigation. A successful mediation is not a comprehensive agreement but rather a process where the parties have the ability to design and tailor their own agreement to best their specific and individual needs.
1. Cost: It is no secret that preparing for and attending a trial is very costly. Mediation offers an opportunity to resolve the case without the increased cost of litigation.
2. Empowerment: Parties are empowered to decide for themselves whether and how they would like to resolve a situation. This self-determination aspect of mediation often corresponds to higher aspirations of how individuals and businesses want to conduct their lives and do business generally.
3. Time: From the time a new lawsuit is filed it can take 1-3* years to get to the point where the matter is ready for trial. Once the case is set for trial it can take 3-6* months for a trial date to be scheduled. If you do not wish to prolong the case for those periods of time, mediation is a perfect opportunity to move things much more quickly.
4. Safe Environment: While lawsuits are matters of public record, what transpires at a mediation can be kept confidential. Whether a mediation occurs before or after filing of a lawsuit, any form of communication generated at a mediation is normally inadmissible evidence. Hence the parties can discuss their entire case without fear that the information will be used against them.
5. Right to the Courtroom is still available: Parties attendance at mediation does not bar their right to go to court. It is simply an opportunity to resolve the issues without the expense of courtroom litigation. If the mediation does not result in a settlement, you can still proceed in court.
*timeframes are estimates only and should not be relied upon in every situation.
1. Each participant in mediation will be given an uninterrupted opportunity to speak and state their position.
2. Each participant will be treated professionally and with respect. There will not be any intimidation tactics during mediation.