Palm Springs, San Diego and Orange County Litigation Attorney's Keys to a Successful Personal Injury, Business, Real Estate, or Construction Mediation

by R. Sebastian Gibson - Date: 2008-10-21 - Word Count: 778 Share This!

As a Palm Springs, Newport Beach and Carlsbad civil litigation attorney who has settled hundreds and hundreds of litigation cases without the expense and time involved in trial, and who has settled these cases for amounts that clients were very pleased with, I tell other attorneys that there are a number of steps that bring this success, none more important than using mediation to your advantage.

A mediation, if arranged properly from the very start with the choosing of a good mediator can settle almost every type of litigation, from personal injury to business litigation, from real estate cases to construction disputes and other civil litigation.

Whether your case is in Mission Valley, CA or Oceanside in San Diego, in Newport Beach or Anaheim in Orange County, or in the Coachella Valley for example in any of the cities of Palm Springs, Palm Desert or Cathedral City, Indian Wells, Yucca Valley, Joshua Tree, Rancho Mirage, Desert Hot Springs, Twentynine Palms, Thermal, Indio, Coachella, La Quinta, there are good mediators available and those who are not so good.

The most important step an attorney can take when a case won't settle for whatever the reason, is first to convince the other attorney and your client to go to mediation. This usually isn't that difficult as almost every attorney has had a bad experience with it's alternative, arbitration. Once the parties have agreed to go to mediation, the key is choosing the right mediator.

Many states have legal newspapers that are published daily and many of those newspapers have annual lists of the best mediators. This is one good source for finding a neutral mediator that will take the time to both understand the issues and wrangle with the parties until a settlement is achieved.

Another good source for mediators that are evenhanded and conscientious are other attorneys. You can almost always count on the opposing attorney to recommend a mediation service that has scores of mediators, each with their own specialty. This type of mediator is hit or miss.

If you are a plaintiff's attorney, you want a mediator that is 1) Recommended by other plaintiff attorneys, 2) Acceptable to defense attorneys, 3) Known to read mediation briefs, 4) Known to have a slight persuasion toward Plaintiffs, 5) Knowledgeable in the subject of the lawsuit, and 6) Known to stay as long as it takes to settle a case.

If you are a defense attorney, you want a mediator that is 1) Recommended by other defense attorneys, 2) Acceptable to plaintiff attorneys, 3) Known to read mediation briefs, 4) Known to have a slight persuasion toward being conservative, 5) Knowledgeable in the subject of the lawsuit, and 6) Known to stay as long as it takes to settle a case.

The second most important step an attorney can take to have a case settle for a figure that the client will accept is to prepare a well thought out and organized mediation brief. The difference between a short argumentative brief and a well-reasoned and more substantial brief with exhibits attached is the difference between winning and losing.

The third most important step is to prepare the client. The client needs to be prepared for what questions you, the other attorney or the mediator may ask. And the client needs to be prepared as to the process of the mediation and how long it may take. If possible, the client should also be prepared as to what his bottom line is, i.e. what he or she will be prepared to take or to pay.

If these steps are taken, there is a good chance your case will be settled in the mediation. If you don't take these steps, you may very well be wasting your half of the mediator's hourly rates which, for a good mediator, are $400/hr and up.

If you have litigation starting in San Diego, Long Beach, in San Diego, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your Palm Springs Litigation Lawyers, and Rancho Cucamonga and Riverside Litigation Attorneys. For this reason, be sure to hire a California law firm with litigation lawyers who know mediations and can represent you from Palm Springs, Laguna, Newport and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Quinta, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, Murrieta, to Chula Vista, and Coachella.

If you have a case that needs to go to mediation, call the Law Offices of R. Sebastian Gibson, or visit our website at  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

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The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.

Visit our website at if you have a litigation matter of any kind. We have the knowledge and resources to represent you as your Newport Beach Litigation Lawyer and Rancho Cucamonga Litigation Attorney or your mediation attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo and Santa Barbara.

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