About Us
Understanding What Is Important To You
Our Goal
At “Your Mediation Services,” our goal is to understand your priorities in resolving a dispute in your life. Whether that dispute is with a business partner, employer/employee, real estate purchaser or seller, broker or anyone else with whom you do business, YMS first endeavors to understand what is most important to you.
Generally, mediation is a process whereby a neutral third party assists parties in a dispute to voluntarily reach their own mutually acceptable agreement. Unlike a judge or an arbitrator, the mediators at YMS do not take sides or make decisions. You are not compelled to reach an agreement and you are free to leave the mediation at any time. Our role is to help you evaluate your goals and options and find your solution. In order to do this, we strive to understand what is important to you. We patiently help you examine relevant facts and any applicable law, and facilitate a dialogue in order to reach a settlement.
We rely on people skills and persuasion to guide the parties toward a realm of agreement. Mr. Bollard and the other members of YMS use their experience and subject matter expertise to foresee possible outcomes and advise you accordingly. Our goal is to understand how you feel about the conflict and your position on the issues. From that, we can determine what is most important to you about a potential settlement.
The Mediation Process
Mediation is a flexible process designed to get results and, as such, can be used effectively at any time during the course of a dispute. It normally involves private meetings, either in person or remotely, with each party coordinated by the mediator. During our meetings, we explore your goals regarding resolution, privately discuss the strengths and weaknesses of your position and consider new ideas for resolution.
During the COVID-19 crisis, most of our mediations are conducted virtually through Zoom meetings. Notably, we have not experienced a decline in our settlement rate.
Ultimately, the mediation will conclude when a settlement or impasse is reached. If a settlement is reached, its terms are normally put in writing in a binding agreement and signed by the parties. If an impasse occurs, the mediator will sometimes share a Mediator’s Proposal. At the very least, the mediator will offer to stay involved so that a future settlement might be reached.
Mediation Confidentiality
California law provides that all settlement discussions between participants in a mediation must remain confidential. Confidentiality applies to anything that is said or written for the purpose of, and in the course of, a mediation. There is an exemption for a signed settlement agreement, which may be used to enforce the agreement in court.