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Mediation, Arbitration,Agreement

ADR and Mediation

Services Overview

Mediation

Paradigm mediators are all highly skilled, through rigorous training, experience and preparation, to assist parties to the mediation process achieve collaborative outcomes. 

 

Our mediators understand that the process is not simply a half day or full day negotiation.  Pre-mediation calls and preparation, and post-mediation follow up are critical components of the mediation process.

Arbitration

In arbitration, like trial, the parties typically have a lot at stake in the outcome.  Skilled arbitrators possessing experience in the specific matters at issue in any disputed matter are key to achieving a fair and just result for the parties. 

 

Saving time and money for the parties to arbitration is equally important.  

Early Neutral Evaluation

Are you looking for an early neutral opinion on your case?  Paradigm neutrals possess the skills and experience needed to provide an unbiased and confidential evaluation of even the most complex cases. 

 

Strategy, claims, witness evaluation, trial and settlement strategies, and managing client expectations are all skills that Paradigm neutrals bring to the table.

Med-Arb

Med-arb offers parties a comprehensive approach to resolving disputes utilizing a single neutral.  

 

Utilizing the neutral first as a mediator gives the parties the opportunity to resolve their dispute through a collaborative negotiating process.  If that process does not resolve the dispute, the parties can switch to a binding arbitration.  

Discovery Referee

In California state courts, the appointment of a discovery referee is governed by Code of Civil Procedure section 638 (voluntary) and 639 (involuntary), all relating to the scope and substance of discovery in litigation. 

 

The use of an experienced referee can remove the emotion often accompanying discovery disputes, and help the parties to reduce the overall cost of discovery.

Special Master

Special masters are appointed by the court to provide to the court some service or function that the court either cannot or does not want to perform.  Special masters are utilized in both state and federal courts. 

 

In construction cases special masters are typically appointed by stipulation of the parties and approval by the court to manage pre-trial discovery and settlement conferences. 

Judicial Reference

The parties in a litigated matter may, by agreement, refer any or all matters at issue to a referee for a binding determination.  Such determinations become the decision of the court upon submission, and may be entered by the parties as a judgment as if tried to the court.  Such determinations are also reviewable by the appellate courts. 

 

For specific procedures, refer to Code of Civil Procedure sections 638(a) and 644(a) and Rules 3.900 – 3.907, and 3.930 – 3.932 of the California Rules of Court.  

Mock-Trials

A mock trial is a simulated court trial using the rules of evidence and often utilized in cases where particular issues or sought-after damages suggest that an advisory jury verdict or court ruling is needed to assist a party in its strategy, either in judging whether settlement is appropriate, or weighing the odds of prevailing at trial. 

 

Mock trials can be tailored to the needs of the party and its counsel. 

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