Mediation is a process by which a neutral third party facilitates communication among disputing parties. The parties can attempt mediation before filing a lawsuit or after filing a lawsuit. Most real estate contracts, e.g. California Association of Realtors Real Estate Purchase Agreement, include a mediation clause that requires the parties to attempt mediation in order to preserve their right to claim attorney fees and costs.
Disputes between people usually arise because the parties experience a breakdown in communication and understanding. The successful mediator will understand the parties’ goals and needs, ensuring the parties feel heard and understood. Achieving this goal, the successful mediator will convey this understanding to the other party. This process is repeated several times until the parties felt heard and, thus, are ready to work on their resolution. When choosing a successful mediator, parties should search for one who effectively articulates the parties’ dispute and facilitate the parties’ position to each other.
Jimmy has served as a successful mediator in many cases concerning, for example, breach of contracts, injury, and real estate disputes. He received his training and certification through the Santa Clara County Office of Human Relations and was a court mediator mediating breach of contract cases and civil harassment disputes. He was highly effective in helping the parties resolve their disputes and moving on with their lives by following the process described above. Since that time, Jimmy has been added to the Santa Clara Court mediation panel and the California Association of Realtors mediation panel statewide.