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EVELYN J. HERRERA
ATTORNEY & MEDIATOR
1970 Broadway, Suite 625
Oakland, CA 94612
Tel: (510) 893-3711
servicios en español
evelyn@evelynjherrera.com
ATTORNEY & MEDIATOR
1970 Broadway, Suite 625
Oakland, CA 94612
Tel: (510) 893-3711
servicios en español
evelyn@evelynjherrera.com
Evelyn J. Herrera
| Resources |
Here's an article published on the Alameda County Bar Association website.
Mediation is no Longer Just the 'Alternative'
--By Evelyn J. Herrera
While some people seem to enjoy a fight, most of us dread conflict. And just about
everybody hates the idea of going to court. Yet our society is swimming in lawsuits, which
are both costly and time-consuming. And worse, they often leave both parties unhappy with
the results.
But there is an alternative: mediation. In mediation, a neutral mediator helps the conflicted
parties discuss the issues and seek a resolution. The benefits of mediation are not limited to
reducing litigation costs. Through mediation both parties keep more control of the process
and out-comes; there is more chance they can preserve and even improve their relationship;
they save time spent in tedious court proceedings; and in general they stand a better
chance of getting more of what they want. And, an astounding eighty-five percent of all
mediations result in a settlement, according to the American Arbitration Association.
Why is the better, the more efficient process, still called the alternative? That is changing
now as many court systems embrace mediation - including Alameda County Superior in
California. In February of 2009 Alameda County Superior rolled out a case referral system to
practitioners of alternative dispute resolution methods. For more information, go to: https:
//apps2.alameda.courts.ca.gov/adr/.
Mediation was introduced to the United States legal system 25 years ago. Yet even though
the vast majority of lawsuits are resolved before trial, mediation still hasn’t caught on as the
best –and cheapest – way to resolve conflicts. It is not uncommon for the attorney's fees,
expert witness fees, jury fees, court reporter fees and other related costs to exceed the
amount in a dispute, according to Michael Roberts. (“Why Mediation Works,” by Michael
Roberts, August of 2000 on Mediate.com).
Mediation can not only save time and money, but also aggravation. "Traditional litigation is a
mistake that must be corrected. . . . For some disputes trials will be the only means, but for
many claims trials by adversarial contest must in time go the way of the ancient trial by
battle and blood. Our system is too costly, too painful, too destructive, too inefficient for
really civilized people." Chief Justice Warren E. Burger, (Ret.) U.S. Supreme Court.
Resolving disputes peacefully through discussion – mediation -- is itself is an old idea.
Forseti, the Scandinavian god of justice, was considered the wisest and most eloquent of
gods in pre-Christian times in part because he resolved disputes by mediation. Among
Native American tribes, the most respected person was the one who mediated disputes. "A
person who can take the ordinary and illuminate it, invoking deep feelings in others often is
called a creative genius. The Ancestors call those who carry that talent The Gifted Ones."
(Jamie Sams, Earth Medicine, 197 (Harper San Francisco, 1994).
Let us take a big step forward for humanity and celebrate mediation as the first and best
choice for dispute resolution.
Mediation is no Longer Just the 'Alternative'
--By Evelyn J. Herrera
While some people seem to enjoy a fight, most of us dread conflict. And just about
everybody hates the idea of going to court. Yet our society is swimming in lawsuits, which
are both costly and time-consuming. And worse, they often leave both parties unhappy with
the results.
But there is an alternative: mediation. In mediation, a neutral mediator helps the conflicted
parties discuss the issues and seek a resolution. The benefits of mediation are not limited to
reducing litigation costs. Through mediation both parties keep more control of the process
and out-comes; there is more chance they can preserve and even improve their relationship;
they save time spent in tedious court proceedings; and in general they stand a better
chance of getting more of what they want. And, an astounding eighty-five percent of all
mediations result in a settlement, according to the American Arbitration Association.
Why is the better, the more efficient process, still called the alternative? That is changing
now as many court systems embrace mediation - including Alameda County Superior in
California. In February of 2009 Alameda County Superior rolled out a case referral system to
practitioners of alternative dispute resolution methods. For more information, go to: https:
//apps2.alameda.courts.ca.gov/adr/.
Mediation was introduced to the United States legal system 25 years ago. Yet even though
the vast majority of lawsuits are resolved before trial, mediation still hasn’t caught on as the
best –and cheapest – way to resolve conflicts. It is not uncommon for the attorney's fees,
expert witness fees, jury fees, court reporter fees and other related costs to exceed the
amount in a dispute, according to Michael Roberts. (“Why Mediation Works,” by Michael
Roberts, August of 2000 on Mediate.com).
Mediation can not only save time and money, but also aggravation. "Traditional litigation is a
mistake that must be corrected. . . . For some disputes trials will be the only means, but for
many claims trials by adversarial contest must in time go the way of the ancient trial by
battle and blood. Our system is too costly, too painful, too destructive, too inefficient for
really civilized people." Chief Justice Warren E. Burger, (Ret.) U.S. Supreme Court.
Resolving disputes peacefully through discussion – mediation -- is itself is an old idea.
Forseti, the Scandinavian god of justice, was considered the wisest and most eloquent of
gods in pre-Christian times in part because he resolved disputes by mediation. Among
Native American tribes, the most respected person was the one who mediated disputes. "A
person who can take the ordinary and illuminate it, invoking deep feelings in others often is
called a creative genius. The Ancestors call those who carry that talent The Gifted Ones."
(Jamie Sams, Earth Medicine, 197 (Harper San Francisco, 1994).
Let us take a big step forward for humanity and celebrate mediation as the first and best
choice for dispute resolution.
Quote of the Day
"I have also called it love-force or soul-force [more than civil disobedience]. In the application of
satyagraha, I discovered in the earliest stages that pursuit of truth did not admit of violence being
inflicted on one’s opponent but that he must be weaned from error by patience and compassion. For what
appears to be truth to the one may appear to be error to the other. And patience means self-suffering.
So the doctrine came to mean vindication of truth, not by infliction of suffering on the opponent, but on
oneself."
Gandhi, M.K. Statement to Disorders Inquiry Committee January 5, 1920 satyagrahi valvuloplasty (The
Collected Works of Mahatma Gandhi vol. 19, p. 206)
"I have also called it love-force or soul-force [more than civil disobedience]. In the application of
satyagraha, I discovered in the earliest stages that pursuit of truth did not admit of violence being
inflicted on one’s opponent but that he must be weaned from error by patience and compassion. For what
appears to be truth to the one may appear to be error to the other. And patience means self-suffering.
So the doctrine came to mean vindication of truth, not by infliction of suffering on the opponent, but on
oneself."
Gandhi, M.K. Statement to Disorders Inquiry Committee January 5, 1920 satyagrahi valvuloplasty (The
Collected Works of Mahatma Gandhi vol. 19, p. 206)
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