What is Mediation? Mediation is a private and confidential out-of-court process in which a neutral mediator helps the parties to negotiate and resolve their dispute. Although mediation is a non-binding procedure, once an agreement is reached and documented, that agreement is binding and legally enforceable. Mediation is an effective procedure for resolving disputes that cannot be resolved through direct, unassisted negotiations. A trained and skilled mediator can help the parties resolve their disagreements and settle their disputes without incurring the time, expense and other adverse personal and business consequences resulting from traditional, prolonged court litigation.
Blended Mediation: Alternatively, we recommend Blended Mediation which incorporates mediation and arbitration techniques. Here, the Mediator mediates disputed case issues but can also give opinions on case issues, when asked. For example, in an injury case, an opinion on liability and an indication of the likely amount of damages or compensation that a Court might award. Although advisory only and not binding, the Mediator's opinion carries great moral weight when he is a retired District Judge and can assist the parties in settling their case. The parties retain the flexibility to reject the Mediator's opinion and proceed to litigation in Court, however, that option is protracted and expensive. The comparative advantage rests with Mediation.
Judge Granier's former law practice included representation of both Plaintiffs and Defendants. In mediating a case Judge Granier acts as a third-party neutral to assist the parties in resolving their dispute and does not represent any party in the Mediation.
Why use Mediation? Because its private, fast and significantly less expensive:
Mediation Court Litigation
Private - Confidential - Informal
Public exposure of personal and business information in document filings in court, public court hearings and public formal trials
Completion: 1 - 2 days followed by a binding settlement agreement (non-complex cases)
Completion: 1 - 4 years at trial level, then 1-2 years in appeals
Hourly fee: $175 per hour, per party/person or company
$175 - $350 per hour, per attorney for 1-4 years required to complete the court litigation process
In the court system, your case awaits resolution by a Judge systematically burdened with hundreds of cases. In Mediation, your case merits singular attention by retired District Judge Kirk Granier who is focused on guiding the parties to a negotiated, mutually beneficial settlement of their dispute.
Systematically delayed in litigation or expeditiously completed in Mediation.
Which would you prefer?
Kirk Granier is a retired State District Judge (1997-2008) and retired United States Circuit Military Judge USAF (1998-2006). He received a Masters Degree in Judicial Studies from the University of Nevada Graduate School and National Judicial College as well as dual professional certifications in Judicial Development for General Jurisdiction Trial Skills (2001) and for Alternative Dispute Resolution Skills (2007). He also earned three professional certifications in Civil Mediation and completed one Course in Advanced Mediation Techniques from the National Judicial College at the University of Nevada where he served as a Faculty Facilitator for the Civil Mediation course.
And Mitigate: Save time, money, worry