Peter MacRae, M.A. Broker/Mediator
(707) 263-6038
prmacrae@sbcglobal.net
IS A LAWSUIT LOOMING?
The Advantages of Mediation Instead of Litigation
Peter MacRae holds a Master's Degree in Political Science with a specialty in the relationship between International Law and International Conflict Resolution.
While qualified to mediate most business related disputes, Mr. MacRae's area of special expertise involves disputes which center around real property issues. He has been an active licensed California real estate broker since 1975. He has extensive experience in residential, income property, commercial and industrial brokerage as well as residential brokerage management. His experience also includes residential and land subdivision as well as manufactured housing development. Over the years Mr. MacRae has often been called upon as a consultant in real property development issues. In that capacity he has demonstrated his skills in negotiations between individuals, contractors, governmental agencies and citizen groups.
Over the years, Peter MacRae has confirmed the ability to understand opposing views and be a creative problem solver. He has often stated that, “If one is not able to understand and voice the view of an adversary, one cannot expect to succeed with their own view.”.
THE ADVANTAGES
OF
MEDIATION
The advantages of mediation instead
of litigation include:
The parties control the outcome instead of a court decision which may not be satisfactory to either party.
The financial cost of mediation is most often considerably less than the cost of litigation.
Frequently mediation resolves a conflict in
far less time than litigation.
Mediation may allow for the exploration of more creative solutions to the conflict through direct discussions between the parties.
Mediation provides a much less intimidating atmosphere thus opening lines of communication and facilitating a satisfactory agreement.
Mediation, by virtue of a mutually agreed upon outcome, may preserve a previously enjoyed personal and/or business relationship
Mediation, outside court jurisdiction, is a completely private enterprise and not a matter of public record.
WHAT IS MEDIATION
and
THE ROLE OF THE MEDIATOR?
Generally, there are three ways in which a civil dispute is settled. The first, which is the most severe and costly, is a Court Decided Lawsuit. The second is Arbitration. This is a process in which the parties agree to have a neutral third party decide the outcome. The arbitrated decision may be binding or non-binding on the parties by their prior agreement.
Mediation is the third form of civil dispute resolution. It is a process in which the parties come together voluntarily, generally with their privacy intact and with the assistance of a neutral third party, attempt to reach a mutually agreed upon settlement to their dispute. Most importantly, the parties control the outcome.
The parties usually agree that the process will be confidential. This means that disclosures made during the mediation process can not be used if an agreement is not reached and court proceedings follow. Therefore, the parties are free to be more candid.
The mediation can be conducted with all parties meeting together with the mediator. Or, in a process called caucusing, the parties may agree to meet separately with the mediator. In some cases both meeting together and, at times, separately becomes appropriate. In any event, how the mediation is structured is controlled by agreement between the parties.
If the parties have retained counsel, they can agree to have their respective counsel observe the mediation process or by mutual agreement counsel may participate in the mediation. In any case, where a successful mediation results in a written agreement between the parties, the parties are encouraged to have their respective counsel review the agreement.
THE MEDIATOR
The mediator is a neutral third party whose only interest is to bring the parties in dispute together and attempt to arrive at a mutually satisfactory resolution to the dispute. It is the mediator's task to assist each party in identifying and discussing their interests and needs with respect to the dispute and to facilitate the recognition by each party of the other's interests and needs. With that recognition, the mediator assists the parties in developing a range of possible solutions and ultimately mutually coming to an agreement. Finally, the parties may wish to have the mediator draw a written agreement if no counsel are involved. Where counsel are involved, counsel will write the agreement. It is recommended that any written agreement be reviewed by each party's respective counsel.
Ideally, the mediator will act solely as a Facilitator. In that role the mediator, through questions and feedback, facilitates the parties abilities to recognize their own solutions.
It is not necessary for a mediator to be an attorney. In fact, a mediator must avoid giving the parties legal advice. However, the mediator should have expertise in the area in which the dispute is concerned.
837 14th St., Lakeport, CA 95453
Phone: 707-263-6038
prmacrae@sbcglobal.net
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