How Mediation is Taking the Fight Out of Legal Disputes

August 27 18:28 2019

The process of litigation is rarely a pleasant one for all parties, with the very process itself set up to be adversarial and combative. It is the cause of anxiety and stress can inflict considerable financial damage for both sides, and depending on the outcome it can result in a spoiled reputation. While this is obviously the case in litigation involving family matters such as divorce and child custody, it is also a gruelling process for anyone involved in corporate, commercial, business and bankruptcy matters.

It is why the past few decades have seen the rise in popularity of alternative dispute resolution, or mediation. The main benefit of mediation is that it is set up in a completely different way from traditional litigation cases: it largely removes the adversarial nature and replaces it with an inquisitorial tone, with the focus more on the needs of both parties rather than their rights.

The traditional court process, being set up for battle between two parties, naturally does not have opportunities for apologies and calm, rational explanations; mediation uses an impartial third party to conduct and co-ordinate focused, grounded meetings between the two central parties to keep the focus on their requirements and the end goal of a mutually agreeable solution.

David Levene is a Santa Monica business mediator who applies 40 years of experience in law to his mediation practice, which specializes in matters involving bankruptcy, and general business and real estate. Negotiating skills are central to the successful practice of law and this is something Mr. Levene specifically attributes to his effectiveness in the role of mediator.

He founded Levene Mediation after building experience and a reputation in successfully taking the conflict out of litigation, bringing parties together in a manner that shortened the litigation process and saved time, money and emotional impact.

Mediation can be very cathartic for affected parties, which is considerably different from traditional litigation situations where the setup is quite antagonistic,” says a spokesperson for Levene Mediation. “Having a central figure who is completely impartial and unbiased means that their clear focus is on getting both parties to an agreement. The best way of doing this is to smooth out any areas of conflict.”

With expertise in business restructuring and commercial litigation, and high-profile clients such as FAO Schwarz, C & R Clothiers, Mercury Plastics, McMillen Oil, Maxon Industries and Leiner Health Products, Levene Mediation has built up a considerable level of success with this approach. David Levene has also been named numerous times in the Los Angeles Business Journal list of the “100 Most Prominent Business Attorneys.”

Before starting work on a case, Mr. Levene will speak to the attorneys of both parties to compile a summary of the case and the key facts. This enables him to plan the process of mediation, using mediation briefs to identify any potential obstacles in the pursuit of a mutually acceptable outcome, and tailor it to suit the circumstances and individuals involved.

This allows the case to be handled in as constructive and forward-thinking a manner as possible, keeping the focus on achieving a mutual solution. The mediation process is also conducted in a completely confidential way, with no audio/visual recordings taken or any discussions transcribed.

About Levene Mediation

Levene Mediation is based in Santa Monica, California, and specializes in mediation for cases involving commercial, business, bankruptcy and corporate matters. David Levene founded the practice after 40 years working in law, with previous experience of founding the firms Levene, Neale, Bender, Yoo & Brill LLP and Levene & Eisenberg. The website is at https://www.levenemediation.com/ and they can also be contacted at LinkedIn.

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Company Name: Levene Mediation
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Phone: 310-229-3310
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Website: https://www.levenemediation.com/