Mediation

What is Mediation?

Mediation is an Alternative Dispute Resolution Process that helps resolve legal disputes by bringing parties together to discuss and evaluate their case and to explore mutually agreeable options for resolving controversies by voluntary agreement by the parties. This means creating a dialogue in which a neutral third party (the mediator), helps the parties negotiate an agreement. Mediation can be effective in many types of disputes, significantly reducing the time and money needed for other legal proceedings.

Benefits of Mediation

Win-win
Unlike a trial, where there is a winner and a loser, mediation is a process that allows parties to reach a win-win solution where both parties agree to the result and both sides benefit.

Time Saving
Unlike court cases, which can take years to resolve, mediation can be used early in the process and can help resolve disputes quickly.

Money Saving
Mediation is much less costly than a trial, saving the parties thousands of dollars in attorney fees, court fees, other litigation expenses and the cost of their time.

Voluntary
Mediation is voluntary and the parties are free to leave at any time and take their case to trial. Because the settlement achieved through mediation is one voluntarily selected and accepted by the parties, the outcome is more satisfying to the parties than an outcome imposed by a judge or jury.

Confidential
The mediation process is private and confidential. Evidence rules prevent anything shared or said during mediation from being introduced later in court if settlement is not reached. There is no public record of the mediation.

Creativity
Mediation offers a unique opportunity for litigants to explore and develope outcomes and resolutions that are creatively suited to the particular parties and circumstances involved in a given conflict. Trial outcomes are rarely tailored to specifically suit the needs of the parties.

There are many other benefits to resolving disputes through mediation. These are just summary highlights.



What is Mediation?

Mediation is an Alternative Dispute Resolution Process that helps resolve legal disputes by bringing parties together to discuss and evaluate their case and to explore mutually agreeable options for resolving controversies by voluntary agreement by the parties. This means creating a dialogue in which a neutral third party (the mediator), helps the parties negotiate an agreement. Mediation can be effective in many types of disputes, significantly reducing the time and money needed for other legal proceedings.

Benefits of Mediation

Win-win
Unlike a trial, where there is a winner and a loser, mediation is a process that allows parties to reach a win-win solution where both parties agree to the result and both sides benefit.

Time Saving
Unlike court cases, which can take years to resolve, mediation can be used early in the process and can help resolve disputes quickly.

Money Saving
Mediation is much less costly than a trial, saving the parties thousands of dollars in attorney fees, court fees, other litigation expenses and the cost of their time.

Voluntary
Mediation is voluntary and the parties are free to leave at any time and take their case to trial. Because the settlement achieved through mediation is one voluntarily selected and accepted by the parties, the outcome is more satisfying to the parties than an outcome imposed by a judge or jury.

Confidential
The mediation process is private and confidential. Evidence rules prevent anything shared or said during mediation from being introduced later in court if settlement is not reached. There is no public record of the mediation.

Creativity
Mediation offers a unique opportunity for litigants to explore and develope outcomes and resolutions that are creatively suited to the particular parties and circumstances involved in a given conflict. Trial outcomes are rarely tailored to specifically suit the needs of the parties.

There are many other benefits to resolving disputes through mediation. These are just summary highlights.



About The Mediator

Peter Rausch, Jr.has been litigating complex business and commercial disputes for over thirty-five years and has participated as an advocate in countless mediations and settlement negotiations. Having seen first hand the value and benefit of facilitated voluntary dispute resolution, Peter developed an interest in the study of the art and science of negotiation and the psychology of human communication in the context of alternative dispute resolution. After training to serve as a small claims court judge pro tem with the San Joaquin County Superior Court and periodically presiding over the court's small claims calendar, along with serving on the Court's Judicial Arbitration Panel and conducting arbitrations in the Court's ADR program, Peter trained to serve as a neutral in the context of mediating business related civil disputes.

In addition to other formal mediator training programs, in the fall of 2005, Peter completed the intensive five (5) day Steve Rosenberg mediation training and began offering private mediation services ancillary to his litigation practice. Peter completed the Rosenberg advanced mediation training in the Spring of 2007. In 2009, Peter completed the Pepperdine University, Strauss Institute week long Mediator Training Program and joined the San Joaquin County Superior Court Mediation Panel. In the summer of 2012, Peter completed the Dana Curtis five (5) day Mediation Training Program as part of the California Court of Appeal, Third District Appellate Mediation Program and now serves on the Third District's mediation panel handling appellate mediations.

Mediation Approach

Peter tends to approach mediation with a facilitative perspective, allowing the parties to use their own creativity and judgment to guide the mediation toward settlement. He believes that an effective mediator must be extremely prepared for each case and needs to understand the factual contentions and assess and analyze the laws surrounding the dispute thoroughly before settlement discussions begin. The most successful mediations tend to be those cases in which the mediator is most prepared. In addition to preparation, creativity, flexibility and a firm yet diplomatic utilization of evaluative reflection are important ingredients to any successful mediation.

About The Mediator

Peter Rausch, Jr.has been litigating complex business and commercial disputes for over thirty-five years and has participated as an advocate in countless mediations and settlement negotiations. Having seen first hand the value and benefit of facilitated voluntary dispute resolution, Peter developed an interest in the study of the art and science of negotiation and the psychology of human communication in the context of alternative dispute resolution. After training to serve as a small claims court judge pro tem with the San Joaquin County Superior Court and periodically presiding over the court's small claims calendar, along with serving on the Court's Judicial Arbitration Panel and conducting arbitrations in the Court's ADR program, Peter trained to serve as a neutral in the context of mediating business related civil disputes.

In addition to other formal mediator training programs, in the fall of 2005, Peter completed the intensive five (5) day Steve Rosenberg mediation training and began offering private mediation services ancillary to his litigation practice. Peter completed the Rosenberg advanced mediation training in the Spring of 2007. In 2009, Peter completed the Pepperdine University, Strauss Institute week long Mediator Training Program and joined the San Joaquin County Superior Court Mediation Panel. In the summer of 2012, Peter completed the Dana Curtis five (5) day Mediation Training Program as part of the California Court of Appeal, Third District Appellate Mediation Program and now serves on the Third District's mediation panel handling appellate mediations.

Mediation Approach

Peter tends to approach mediation with a facilitative perspective, allowing the parties to use their own creativity and judgment to guide the mediation toward settlement. He believes that an effective mediator must be extremely prepared for each case and needs to understand the factual contentions and assess and analyze the laws surrounding the dispute thoroughly before settlement discussions begin. The most successful mediations tend to be those cases in which the mediator is most prepared. In addition to preparation, creativity, flexibility and a firm yet diplomatic utilization of evaluative reflection are important ingredients to any successful mediation.

What Can We Mediate?

Mr. Rausch has experience in a wide variety of industries and subject matter, with particular interest and experience in:

  • Complex Business and Commercial Disputes
  • Business Formation, Governance, and Dissolution
  • Intellectual Property Matters
  • Business Transaction Disputes
  • Civil Appeals
  • Real Estate Matters
  • Personal Injury Cases
  • Professional Malpractice Claims
  • Partnership Disputes
  • Copyrights / Trademarks & / Trade Secrets Disputes
  • Debt Collection, Secured Transactions and Creditor Workouts
  • Employment Related Conflicts
  • Family Member Will, Trusts, Probate and Estate Conflicts
A. Peter Rausch does not provide mediation in family law matters.

What Can We Mediate?

Mr. Rausch has experience in a wide variety of industries and subject matter, with particular interest and experience in:

  • Complex Business and Commercial Disputes
  • Business Formation, Governance, and Dissolution
  • Intellectual Property Matters
  • Business Transaction Disputes
  • Civil Appeals
  • Real Estate Matters
  • Personal Injury Cases
  • Professional Malpractice Claims
  • Partnership Disputes
  • Copyrights / Trademarks & / Trade Secrets Disputes
  • Debt Collection, Secured Transactions and Creditor Workouts
  • Employment Related Conflicts
  • Family Member Will, Trusts, Probate and Estate Conflicts
A. Peter Rausch does not provide mediation in family law matters.

Can I Afford to Mediate?

The question is: Can you afford NOT to mediate? Attorney's fees, litigation costs, expert fees, time delay and the psychological impact of litigation on the parties and their businesses typically dwarf the cost of mediation. In a real sense, most parties can not afford not to mediate.

What Does Mediation Cost?

  • The basic hourly rate for mediation services is $750 per hour.
  • This fee is shared, typically in equal amounts, by the participants.
  • Session time is reserved by advance deposit.
  • We do not charge any administrative or case set-up fees.
  • Flat rate sessions and discounts are discussed on a case by case basis.
  • Preparation time and mediation time is billed by the hour. Unused time is refunded from advanced deposits after mediation is complete. Additional time will be billed to the parties at the conclusion of the mediation.
  • Mr. Rausch does not typically charge for initial pre-session telephone calls with the parties or their attorneys. Pre-session discussions are encouraged and can help facilitate the scheduling of mediation and enhance the likelihood of achieving a successful voluntary resolution of the dispute at the mediation session.
  • Mediation can be conducted at several locations and we make arrangements that are best suited for the parties convenience.

Additional Parties

There is no increase in the hourly rate charge for multiple party cases. However, in order to provide for adequate preparation, for cases involving 3-4 parties, an additional deposit for preparation time may be requested.

Session Length

Most successful Mediations require a full day. Half day sessions are discouraged, but may be appropriate in some cases. Half day sessions will be accepted on a case by case basis.

Can I Afford to Mediate?

The question is: Can you afford NOT to mediate? Attorney's fees, litigation costs, expert fees, time delay and the psychological impact of litigation on the parties and their businesses typically dwarf the cost of mediation. In a real sense, most parties can not afford not to mediate.

What Does Mediation Cost?

  • The basic hourly rate for mediation services is $750 per hour.
  • This fee is shared, typically in equal amounts, by the participants.
  • Session time is reserved by advance deposit.
  • We do not charge any administrative or case set-up fees.
  • Flat rate sessions and discounts are discussed on a case by case basis.
  • Preparation time and mediation time is billed by the hour. Unused time is refunded from advanced deposits after mediation is complete. Additional time will be billed to the parties at the conclusion of the mediation.
  • Mr. Rausch does not typically charge for initial pre-session telephone calls with the parties or their attorneys. Pre-session discussions are encouraged and can help facilitate the scheduling of mediation and enhance the likelihood of achieving a successful voluntary resolution of the dispute at the mediation session.
  • Mediation can be conducted at several locations and we make arrangements that are best suited for the parties convenience.

Additional Parties

There is no increase in the hourly rate charge for multiple party cases. However, in order to provide for adequate preparation, for cases involving 3-4 parties, an additional deposit for preparation time may be requested.

Session Length

Most successful Mediations require a full day. Half day sessions are discouraged, but may be appropriate in some cases. Half day sessions will be accepted on a case by case basis.

Contact Us

Mailing Address
PO Box 386
Aptos, CA 95001
Call Us
209-952-5000
Email Us

Central Coast Office

314 Capitola Ave
Capitola, CA 95010


San Francisco Office

490 Post Street, Suite 10
San Francisco, CA 94102


Central Valley Office

400 E. Kettleman Lane, Suite 20
Lodi, CA 95240


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Contact Us

Mailing Address
PO Box 386
Aptos, CA 95001
Call Us
209-952-5000
Email Us

Central Coast Office

314 Capitola Ave
Capitola, CA 95010


San Francisco Office

490 Post Street, Suite 10
San Francisco, CA 94102


Central Valley Office

400 E. Kettleman Lane, Suite 20
Lodi, CA 95240


© 2024 Law Offices of A. Peter Rausch, Jr.

© 2024 Law Offices of A. Peter Rausch, Jr.