Having represented countless litigants on both the plaintiff and defense side of litigation, Mr. Cole utilizes his considerable skills, knowledge and tenacity to strike a balance between active listening and a dispassionate but forceful evaluation of the facts and law, while leaving the decision power completely with the parties.
Having handled more employment class actions than nearly any attorney in California, Mr. Cole provides unique insight into how both sides of such disputes view a host of fact patterns and can explain the realities, risks and high costs of continued litigation.
Protracted litigation can be exhausting—to the litigants and their attorneys—as it taxes their time as well as their financial and emotional reserves. Litigation is also risky; no party or attorney can ever foretell precisely how a judge, arbitrator or jury will treat a particular fact pattern or decide a particular legal issue. As a result, parties who acknowledge these realities will often choose mediation as a means to resolve their disputes since settlement avoids the uncertainties of trial or arbitration, and allows the parties to maintain control of the process.
Mediation is one of the more widely-known forms of Alternative Dispute Resolution. It is a process wherein the parties employ a jointly-selected and impartial professional who helps facilitate an open and frank discussion of disputed issues and the negotiation of seemingly-opposing positions. In most situations, the parties elect mediation with the goal of settling their dispute.
The mediator is an invaluable neutral resource to the mediation participants and, as such, has no bias toward any of the parties or their positions. The mediator serves merely as a skilled facilitator who helps identify issues, engages the parties in creative problem solving and, ultimately, assists them in reaching an acceptable compromise.