The following are some places to find helpful information.
Clink of the link to see the webpage. Please check back from
time to time for more.
- Follow me on LinkedIn and on Twitter - Evelynsdesk.
- My latest favorite video: Youtube
- Have mortgage problem? Housing activist organizations
and federal banks: Housing Help Now; Consumer Credit
Counseling Service; Fannie Mae; and Freddie Mac.
- Alameda County Bar Association: ACBA
- Community mediation: SEEDs and Mediators Beyond
Boarders - mediatorsbeyondborders.org/
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EVELYN J. HERRERA
ATTORNEY & MEDIATOR
2832 College Avenue
Berkeley, CA 94705
Tel: (510) 845-1200
servicios en español
evelyn@evelynjherrera.com
ATTORNEY & MEDIATOR
2832 College Avenue
Berkeley, CA 94705
Tel: (510) 845-1200
servicios en español
evelyn@evelynjherrera.com
Evelyn J. Herrera
| Resources |
Here's an article of mine that was published on the Alameda County Bar Association website.
Mediation is no Longer Just the 'Alternative'
--By Evelyn J. Herrera
While some people seem to enjoy a fight, most of us dread conflict. And just about everybody
hates the idea of going to court. Yet our society is swimming in lawsuits, which are both costly
and time-consuming. And worse, they often leave both parties unhappy with the results.
But there is an alternative: mediation. In mediation, a neutral mediator helps the conflicted
parties discuss the issues and seek a resolution. The benefits of mediation are not limited to
reducing litigation costs. Through mediation both parties keep more control of the process and
out-comes; there is more chance they can preserve and even improve their relationship; they
save time spent in tedious court proceedings; and in general they stand a better chance of
getting more of what they want. And, an astounding eighty-five percent of all mediations result
in a settlement, according to the American Arbitration Association.
Why is the better, the more efficient process, still called the alternative? That is changing now
as many court systems embrace mediation - including Alameda County Superior in California.
In February of 2009 Alameda County Superior rolled out a case referral system to practitioners
of alternative dispute resolution methods. For more information, go to: https://apps2.alameda.
courts.ca.gov/adr/.
Mediation was introduced to the United States legal system 25 years ago. Yet even though the
vast majority of lawsuits are resolved before trial, mediation still hasn’t caught on as the best –
and cheapest – way to resolve conflicts. It is not uncommon for the attorney's fees, expert
witness fees, jury fees, court reporter fees and other related costs to exceed the amount in a
dispute, according to Michael Roberts. (“Why Mediation Works,” by Michael Roberts, August of
2000 on Mediate.com).
Mediation can not only save time and money, but also aggravation. "Traditional litigation is a
mistake that must be corrected. . . . For some disputes trials will be the only means, but for
many claims trials by adversarial contest must in time go the way of the ancient trial by battle
and blood. Our system is too costly, too painful, too destructive, too inefficient for really
civilized people." Chief Justice Warren E. Burger, (Ret.) U.S. Supreme Court.
Resolving disputes peacefully through discussion – mediation -- is itself is an old idea. Forseti,
the Scandinavian god of justice, was considered the wisest and most eloquent of gods in pre-
Christian times in part because he resolved disputes by mediation. Among Native American
tribes, the most respected person was the one who mediated disputes. "A person who can
take the ordinary and illuminate it, invoking deep feelings in others often is called a creative
genius. The Ancestors call those who carry that talent The Gifted Ones." (Jamie Sams, Earth
Medicine, 197 (Harper San Francisco, 1994).)
Let us take a big step forward for humanity and celebrate mediation as the first and best choice
for dispute resolution.
Mediation is no Longer Just the 'Alternative'
--By Evelyn J. Herrera
While some people seem to enjoy a fight, most of us dread conflict. And just about everybody
hates the idea of going to court. Yet our society is swimming in lawsuits, which are both costly
and time-consuming. And worse, they often leave both parties unhappy with the results.
But there is an alternative: mediation. In mediation, a neutral mediator helps the conflicted
parties discuss the issues and seek a resolution. The benefits of mediation are not limited to
reducing litigation costs. Through mediation both parties keep more control of the process and
out-comes; there is more chance they can preserve and even improve their relationship; they
save time spent in tedious court proceedings; and in general they stand a better chance of
getting more of what they want. And, an astounding eighty-five percent of all mediations result
in a settlement, according to the American Arbitration Association.
Why is the better, the more efficient process, still called the alternative? That is changing now
as many court systems embrace mediation - including Alameda County Superior in California.
In February of 2009 Alameda County Superior rolled out a case referral system to practitioners
of alternative dispute resolution methods. For more information, go to: https://apps2.alameda.
courts.ca.gov/adr/.
Mediation was introduced to the United States legal system 25 years ago. Yet even though the
vast majority of lawsuits are resolved before trial, mediation still hasn’t caught on as the best –
and cheapest – way to resolve conflicts. It is not uncommon for the attorney's fees, expert
witness fees, jury fees, court reporter fees and other related costs to exceed the amount in a
dispute, according to Michael Roberts. (“Why Mediation Works,” by Michael Roberts, August of
2000 on Mediate.com).
Mediation can not only save time and money, but also aggravation. "Traditional litigation is a
mistake that must be corrected. . . . For some disputes trials will be the only means, but for
many claims trials by adversarial contest must in time go the way of the ancient trial by battle
and blood. Our system is too costly, too painful, too destructive, too inefficient for really
civilized people." Chief Justice Warren E. Burger, (Ret.) U.S. Supreme Court.
Resolving disputes peacefully through discussion – mediation -- is itself is an old idea. Forseti,
the Scandinavian god of justice, was considered the wisest and most eloquent of gods in pre-
Christian times in part because he resolved disputes by mediation. Among Native American
tribes, the most respected person was the one who mediated disputes. "A person who can
take the ordinary and illuminate it, invoking deep feelings in others often is called a creative
genius. The Ancestors call those who carry that talent The Gifted Ones." (Jamie Sams, Earth
Medicine, 197 (Harper San Francisco, 1994).)
Let us take a big step forward for humanity and celebrate mediation as the first and best choice
for dispute resolution.
Events
Join me at the
following:
Coaching on
Sat. 4/10,
SEEDs Mediator
Training.
Presentation on
Elder Mediation
on Wednesday,
May 26 at
ACBA.
Workshop on
Mediation on
Sat. 6/5,
location TBA.
Join me at the
following:
Coaching on
Sat. 4/10,
SEEDs Mediator
Training.
Presentation on
Elder Mediation
on Wednesday,
May 26 at
ACBA.
Workshop on
Mediation on
Sat. 6/5,
location TBA.