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MEDIATION





John J. Lerma is a Boise attorney with 30 years of litigation and dispute resolution experience over a broad range of practice areas. He resolves personal injury, insurance coverage, commercial, employment, construction, real estate, and business disputes. Local mediation services are offered in Boise, Eagle, Meridian, Nampa, and Caldwell. Arrangements can be made for mediation services in other parts of Idaho upon request.

As an attorney for more than 30 years, Mr. Lerma has developed analytical and interpersonal skills that benefit his mediation practice, especially in complex cases. He has completed mediation training through the Northwest Institute for Dispute Resolution.

WHAT IS MEDIATION?

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The state of Idaho defines mediation as a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. Mediation is a form of Alternative Dispute Resolution (ADR) that is used as an alternative to the traditional litigation process. Mediation is an informal process that benefits clients and their attorneys by providing a setting to discuss all issues and interests of both sides to a dispute without the formal rules of a courtroom presentation.

Mediation works. Mediated cases tend to resolve more efficiently and for less expense. In addition, the parties get back to their lives and businesses without the burden of an ongoing dispute.

The settlement built by the parties is far better than one imposed on them. Rather than a rushed negotiated settlement on the courthouse steps or a court-imposed order unsatisfactory to both sides, mediation offers both the client and the attorney the opportunity to build a settlement by the parties that is far better than one imposed on them. Mr. Lerma will not take sides, render decisions, offer legal advice or reveal confidences. Mr. Lerma will help the parties to resolve the matters in dispute in a way that is mutually satisfactory to them and meets their needs. Settlement occurs when the parties find a resolution that is preferable to continued litigation.

IS THE MEDIATION PROCESS CONFIDENTIAL?

Clients and their attorneys should not fear what might be discussed during a mediation session, with some specific exceptions, such as unreported child abuse or threats of serious harm. Mediation sessions are not tape-recorded or transcribed, notes taken during mediation by the mediator are destroyed, and mediators cannot be called as witnesses in the mediated dispute at a later time. Court ordered mediations are confidential under Rule 16(k)(11) of the Idaho Rules of Civil Procedure.

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