“We believe that one of our skills is in good communication with our clients and building a good rapport with each of our clients.”

Mediation is a voluntary process wherein the parties to a dispute are aided in their settlement negotiations by an impartial, neutral third party called the mediator. In mediation, the parties control the outcome. Mediation enables the parties to communicate their perceptions, feelings, and information directly to one another in a safe, controlled environment. This often reduces hostility and facilitates rational discussions. The results of mediation are not limited to the outcomes of litigation and are often creative.

The success rate for mediation is high since it is a voluntary process and most participants are highly motivated to reach an agreement. It is estimated that between 80% and 85% of mediating parties reach a full agreement.

In mediation, all discussions and materials, with very few exceptions, are confidential. If no mediated agreement is reached, evidence of the mediation discussions, mediation materials, and any draft mediation resolution will not be admissible in any other adversarial proceeding.

Generally, the mediation will begin with a joint session attended by both parties. Each party should be prepared to summarize his/her position during this session. The goal is not to prove a case, but to clarify your views while educating the mediator.
The joint session may be supplemented by private discussions, as appropriate, between the mediator and each party. The mediator may help all parties gain the most balanced, possible evaluation of the matters. Finally, the caucuses provide an opportunity to assess realistic options for resolution, without endangering any party’s negotiating posture.
Joint sessions combined with caucusing, as needed, will generally continue as acceptable options are developed for the issues being considered. At completion of the mediation, a Judgment for Dissolution of Marriage will be prepared documenting all agreements made by the parties.
Contact an Irvine Mediation Attorney at the firm today if you need legal representation for mediation.

Contact Us
2201 Dupont Drive, Suite 820, Irvine, CA 92612
Mr. Kirk received his Juris Doctor degree cum laude from University of the Pacific McGeorge School...Read More
Mr. Toberty received his Juris Doctor degree cum laude from Regent University School of Law in Virginia in 1990. He was a member...Read More
At Kirk & Toberty, we have more than sixty years of combined experience representing our clients in court. During that time we have successfully represented thousands of clients. We understand that the possibility of becoming involved in legal matter... Read More
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Phone: 949-851-0355
Fax: 949-851-1250
2201 Dupont, Ste. 820, Irvine, CA, 92612

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