WELCOME TO NUNEZ MEDIATION
Having been a trial lawyer for almost 40 years, representing both defendants and plaintiffs, it became clear to me the importance of having the option to resolve cases short of trial. I know first-hand the importance of settling cases. I also know full well that some cases just need to be tried by a jury. What has been made clear to me over these decades of trial practice is that a fair settlement, and/or resolution of the lawsuit almost always outweighs the costs (financial, emotional, stress, and uncertainty) of proceeding to a trial.
In my experience, both as an advocate as well as a mediator, understanding the issues of each case takes a wide range of experience. Trying to resolve cases without understanding the issues critical to both sides can lead to frustration, and ultimately, failure. A satisfactory resolution can only occur if both sides have an opportunity to be heard, with their interests fully recognized.
Because I believe so strongly in these principles, my mediation approach begins before our scheduled session. I communicate with the parties, before the formal negotiation begins, to help me understand and appreciate what is most important to everyone involved. Only then can I help the parties with their respective issues and resolve cases fairly and in a cost-effective manner.
Experience
Over the course of my career, I have litigated and tried large and small cases throughout California. I have been consulted on, litigated, and tried to verdict (both two-party and multi-party) cases involving modest amounts of money, to “bet the company” cases involving 9 figure demands. I have worked with, and opposed, some of the largest insurers in the world. I have handled emotionally charged cases as a plaintiff’s attorney and as a defense attorney. Using my experience as a 35-year trial lawyer, who has participated in hundreds of mediations, both as an advocate and a mediator, I believe I am uniquely qualified and able to help the parties, the attorneys, and the insurance professionals achieve a fair and reasonable settlement.
Prep Work Prior to Mediation
While the ‘official’ mediation hearing begins at the time the hearing commences, the process starts once our office has been retained. A date and time will be confirmed and then the parties are encouraged to send briefs, both confidential and those that can be shared amongst the parties. I typically conduct a pre-mediation phone call, however, if the parties wish to simply send an informational email I will do what is best.
Often counsel have used these pre-mediation methods to inform a mediator of their thoughts, and or concerns about the matter, including case strengths and weaknesses counsel may not wish to share during the hearing itself. As advocates, I prefer which ever path counsel wishes.
My Mediation Process and Approach
Having been involved in hundreds of mediations, both as an advocate and mediator, I have come to the realization that the best approach, maybe the only approach, is to work as hard as possible towards resolution. And sometimes that means the parties need to take a break, be it a few minutes, a few hours or even a few days. Sometimes that also means that personal relationship concerns also need to be explored. While I cannot guarantee that each case will resolve, it will not be from a lack of working towards settlement by me.
Follow Up
If the case does not resolve counsel can be sure I will follow up to see if there is anything else possible I, the parties, and others involved can do to effectuate settlement of the case. Both phone calls and emails are a great way to stay connected as all parties continue to work together towards resolution.
MAIL: P.O. BOX 230453 Encinitas, CA 92023
PHONE: 760 424-9854
EMAIL: jay@nunezmediation.com