Mediation Services By Sauer & Wagner
Sauer & Wagner LLP provides private mediation services. Gerald Sauer, the Founding Partner of the firm, who has represented plaintiffs and defendants throughout his 40 years as a civil trial attorney, utilizes his vast professional experience to serve as a mediator. Mediations are being offered remotely, via Zoom, or in-person, for full or half days.
Mediation Expertise
Gerald has participated in countless mediations and understands the process from the perspective of all participants – clients, opposing parties, family members, friends, attorneys, investors, board members, shareholders, partners, financial institutions, insurance companies and mediators. His personal experience as an attorney, who has handled numerous matters for employers and employees, has given him a unique perspective on how to resolve workplace disputes. As a result, his mediation practice is tailored to exploring all avenues to enable the parties to reach a settlement.
Mediation Approach
Gerald is keenly aware of the frustration that can be experienced during a mediation when the mediator appears to be nothing more than a conduit to shuttle offers back and forth between the parties. In many instances, the mediation participants become frustrated with the process because of the mediator’s lack of transparency on steps taken to move a difficult party to a settlement. Gerald understands that the key to resolving a dispute is a mediator who cares about the reaching a successful outcome, engages in candid discussions with the participants about factual and legal issues and is open about what is transpiring in “the other room” (without revealing information requested to remain confidential).
Gerald’s mediation methodology is highlighted by the following:
- Communicating directly with the attorneys before the mediation occurs (at no extra charge) to gain insight as to any issues that may derail a potential settlement.
- Analyzing mediation briefs carefully to understand the strengths and weaknesses of each party’s position on the issues before the mediation commences.
- Creating an environment in which the attorneys and their clients can openly voice their opinions without fearing that any confidential information will be leaked to the other side.
- Providing frank, unbiased feedback on the evidence and law being relied upon and how it may be perceived by the trier of fact in an arbitration or at trial.
- Utilizing all of the tools available to a mediator to eliminate or narrow the gap between the parties’ respective bargaining positions.
- Issuing a mediator’s proposal when appropriate and the probability of success is more likely than not.
- Following up in the event the parties reach an impasse during the mediation to determine if there is a change in circumstances that may lead to a settlement.
Employment Dispute Experience
- Employment Contracts including Non-Competition and Non-Solicitation Provisions
- Wrongful Termination/Constructive Discharge
- Harassment – Sexual, Ethnicity, Age, Gender, Pregnancy, Disability, Race and Religion
- Discrimination
- Retaliation
- Labor Code Violations
- Wage and Hour
- Class Actions/Private Attorney General Act (“PAGA”)
- Trade Secrets/Unfair Competition
Additional Dispute Experience
- Real Estate – Purchase and Sale Agreements; Landlord/Tenant; Easements/Boundaries and Construction Defects
- Entertainment – Oral/Written Contracts; Participation Accounting; and Theft of Idea/ Copyright Infringement
- Business – Corporate Governance; Fraud/Fiduciary Duties; Director/Officer/Shareholder Rights; Unfair Business Practices and Professional Negligence.
Mediation Education and Training
Gerald obtained his J.D. from UC Law San Francisco (formerly Hastings College of the Law) and his formal training as a mediator from the Strauss Institute for Dispute Resolution, Pepperdine Caruso School of Law. Gerald serves as a settlement officer for the ResolveLaw LA Program offered by the Los Angeles Superior Court.
Mediation Inquiries
For information concerning Gerald’s rates and availability, please contact Candace Yang at cyang@swattys.com.