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    Disputes between two parties are no good. However, it is one of the reasons to hire a good attorney. Daily, we discuss a new matter with one of our existing clients or a new client which focuses on a dispute. There are two courses of action a dispute can take: fight to the death or resolve it early. Here, at Pascuzzi, Moore & Stoker, we always strive for early dispute resolution. We know that all good fights result in our clients expending vast amounts of money, their valuable time and most importantly, their emotions.

    Lawsuits, expense wise, range wildly based on the nature of the dispute, the business practices of the attorneys involved and the type of forum, being arbitration, jury trial or a bench trial. An amazing amount of time is devoted by litigants to meetings with his/her attorney, attending depositions, responding to discovery requests, reviewing documents, talking to witnesses, etc. As for emotions, instead of counting sheep at night, you will be counting causes of action and defenses.

    What is the alternative to lengthy and costly litigation? One could tuck his/her tail between his/her legs and walk away or engage in mediation. We recommend mediation, which is an alternative dispute resolution technique which gained popularity about 20 years ago and has grown exponentially in use and effectiveness. The process involves both parties agreeing to engage in mediation and the hiring of a third party mediator. The goal of the mediator is to assist the parties and their attorneys to find a satisfactory resolution to the problem. It normally takes a half to a full day of meeting, depending on the complexity of the dispute, the number of parties involved and the skill of the mediator.

    Our success rate in mediation is approximately 80% and we pride ourselves in pushing for and facilitating the early mediation process. We believe it works a whole lot better than a protracted litigation. Do not get me wrong, a successful mediation rarely results in cheering and smiling faces. It is a compromise and both sides normally feel like they gave too much and got too little. I always say that a successful mediation results in both sides being equally ticked off, which is a good thing, compared to the alternative, which is a year or two of the litigation process only to find yourself sitting in a wooden chair, in court, waiting for your decision to come down from the judge or jury.

    First off, avoid disputes through carefully drafted contracts, but, if you find yourself embroiled in a dispute, call us and we will try to successfully mediate the problem, or, we can fight the opposition to the death. We do both, but believe we have happier clients in the end, if we can successfully mediate.

     
    Pascuzzi, Pascuzzi & Stoker
    2377 W. Shaw Avenue, Suite 101
    Fresno, California 93711
    Phone: (559) 227-1100
    Fax: (559) 227-1290
    ©2016 Pascuzzi, Pascuzzi & Stoker - All Rights Reserved. Legal Disclaimer
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