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When clients become involved in commercial contract disputes in San Bernardino California, there are usually two major issues to parse out.  The first is the real reason why the dispute is occurring.  The second issue is to determine the underlying influences that have affected the clients involved in commercial contract disputes in San Bernardino California.  Once the mediator identifies these issues, he or she can address them so that the parties can focus on the main issues.  Some underlying influences may include:

Personalities

The personalities of the litigants and the attorneys can have a significant impact on the parties involved in the dispute.  One party’s aggressive nature may cause the other party to respond defensively. The mediator can help adjust for this dynamic by funneling communications between the parties so their time together is limited.

Emotions

When people’s livelihoods and reputations are on the line, things can become heated.  There may be strong feelings on both sides.  The mediator can identify feelings of betrayal, disrespect and disappointment by empathizing with the party sharing this information and then can guide the parties back to the main reasons why they are at mediation.

Risk Tolerance

A significant influence on the parties can be risk tolerance. If a party is financially stable and wants to assert its rights at trial, this party may be more likely to pursue litigation than accept mediation terms that it is not satisfied with.  In contrast, a small business that was not anticipating a legal fight may be more willing to use mediation to help resolve the dispute because it is a less risky prospect than having a decision made against it at trial.

Financial Needs and Limitations

Similarly, the financial needs and limitations of the parties can affect them.  If the plaintiff needs funds more quickly than litigation would allow, mediation may be preferable.

Drawing on an engineering background, thirty five years as an advocate in commercial, intellectual property and e-discovery disputes, twenty years serving as an arbitrator, 200+ mediations and 400+ hours of formal ADR training, Greg is “all in” in assisting parties in the speedy and economic resolution of disputes whether as a negotiation or settlement counselor, a mediator or an arbitrator. While Greg is available for mediation and arbitration of various disputes, his focus remains on complex commercial and intellectual property matters including e-discovery disputes. Greg can be reached at greg.wood@agencydr.com