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Though the terms “ADR” or “Alternative Dispute Resolution” are new to many, the techniques we employ are becoming more common, and gaining wider acceptance, because they work. If you are a first time client, you can rest assured that confidential communication is the core of our business. Translation service available 1-4PM Monday through Friday. Hablamos Español
Our Professional Law Corporation provides legal advice to your agriculture related business to help you avoid, or mitigate, the legal consequences of land use disputes, crop disputes, and technology related concerns.
If you are a landowner with a code enforcement, or entitlement issue, we will advise you on any land use related issue, and discuss options to achieve your stated goals, and we will advise you about the local political climate, as it pertains to your issue.
|Although litigation is sometimes necessary, generally alternative dispute resolution is preferable to litigation for a number of reasons. For a few examples, ADR:
- Preserves valuable relationships
- Avoids time consuming court delays
- Costs significantly less than litigation
- Is less complex than litigation
- Is confidential – there is no public record like there is in litigation
- Provides more practical solutions than litigation
- Makes settlement more likely than with litigation
- Encourages information sharing through the Mediation Privilege:
California’s statutory mediation privilege provides that any statement or writing made in connection with mediation is protected from disclosure without the express consent of all parties, with the exception of the agreement reached during the mediation itself.
While there are some narrow exceptions, the general rule is that nothing said or written during or in the course of a mediation, or for the purpose of a mediation, can be received in evidence, compelled in discovery, or compelled as testimony in any proceeding. (You can read the exact text in California Evidence Code Sections 1119; 1121, 1123).
The mediation privilege allows you to share necessary information that can facilitate a settlement, yet ensures that if you cannot reach an amicable settlement through mediation, or negotiation, you may still choose to pursue litigation. If we serve as your advocate, and we fail to reach a settlement on your behalf, we will refer more complex litigation to a larger firm that specializes in litigation specific to your dispute.