
Five reasons to choose Mediation...
1-Speed: A Mediation session can be scheduled as quickly as the parties and mediator can agree on a date and time. The actual mediation process usually lasts between two to five hours, depending on the complexity of the case and the number of issues in dispute.
2-Cost: The fees at Hosp Mediation are $500 per hour with a two hour minimum. No set up, no administrative fees. Fees are often shared equally between the parties. Mediation fees are minor compared to expensive legal fees incurred through litigation.
3-Confidentiality: The Mediation process allows the parties to speak openly about the issues in a private setting. California law provides that Mediations are confidential, with some exceptions. Neither party can subpoena the mediator and nothing specific to the Mediation is admissible in court proceedings without the agreement of both parties.
4-Zero Risk: There is no risk.There are no losers. If the parties are unable to reach an agreement, they are free to pursue other legal remedies.
5-Results: Mediation gets positive results. At Hosp Mediation, over 90% of cases are settled.
"Avoid litigation: all disputes can be resolved through Mediation!"
Who needs Mediation and when to resort to Mediation?
For the most part, Hosp Mediation services members of the legal profession with cases already in the legal system who want to by-pass the potential 2-4 year waiting time to get a case to trial.
A major portion of our services involves the Insurance industry (personal injury, property damage or construction defect matters). Insurance companies use our services to short circuit the legal process and mediate claims before they become lawsuits. They also use our Mediation services for what is known as a "crash mediation" program where either by day or week, a number of cases are set up for mediation. This is traditionally how most routine auto cases are being handled. The idea behind this kind of Mediation is to try and settle the case before the insurance carrier has to invest a lot of money to defend the claim.
Hosp Mediation also services various business and corporate clients who want to use mediation prior to or even after a matter results in litigation. An example of this would be a network of independent auto dealerships in California who, as individual businesses, might have employment issues they would try to resolve prior to being sued.
Please visit our Client Resources pages to learn more about mediation and how to prepare for it!
HOSP Mediation and Alternative Dispute Resolution service
Hosp Mediation offers the highest quality mediation and dispute resolution services by focusing on providing a fair and balanced discussion forum for reaching a common ground between parties. By providing a forum where parties can communicate with one another openly and directly, Hosp Mediation services works towards reaching a mutually agreeable solution and avoiding parties the expense and distress of going to court.
In addition to mediating and arbitrating hundreds of cases, Phil Hosp also has over 40 years of litigation experience. Hosp Mediation focuses on the following areas:
- Business: contract disputes, partnership and corporate dissolution conflicts and consumer lawsuits. Through Mediation, businesses not only avoid litigation-associated fees, but also remain in control of the Mediation process and develop a mutually-agreeable solution.
- Construction Defect: The inefficiencies of construction defect litigation are widely known, and Mediation provides an alternative approach to promote a quicker, cost-effective resolution.
- Contracts: disputes are mediated concerning a wide range of agreements including commercial, commercial leases, public works, Uniform Commercial Code transactions, real estate, manufacturing, sales and construction.
- Employment: including wrongful termination, retaliation, and discrimination claims under the ADA. Mediation is particularly successful in this area because disputes between an employer and an employee can be very damaging to a business.
- Insurance: complex insurance cases, as well as routine insurance coverage disputes, dealing with issues such as coverage, bad faith, and first and third party casualty losses.
- Personal Injury: The advantage of mediating these claims is that Mediation is quicker than litigation and more satisfying both emotionally and financially.
- Property Damage: Hosp Mediation’s goal in property damage cases is to guide the parties to reach an agreement that compensates the injured party for his or her property loss.