{"id":2,"date":"2023-12-06T22:10:24","date_gmt":"2023-12-06T22:10:24","guid":{"rendered":"https:\/\/mazzarellamediation.com\/?page_id=2"},"modified":"2024-02-20T14:54:59","modified_gmt":"2024-02-20T14:54:59","slug":"sample-page","status":"publish","type":"page","link":"https:\/\/mazzarellamediation.com\/","title":{"rendered":"Mazzarella Mediation"},"content":{"rendered":"\n
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\u201cDiscourage litigation. Persuade your neighbors to compromise whenever you
can. Point out to them how the nominal winner is often a real loser\u2014in fees,
expenses, and waste of time. As a peacemaker the lawyer has a superior
opportunity of being a good man. There will still be business enough. Never stir
up litigation. A worse man can scarcely be found than one who does this.\u201d
–Abraham Lincoln <\/strong>to a class of law students over a century ago<\/em><\/p>\n\n\n\n

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About Mark Mazzarella<\/strong><\/h2>\n\n\n\n


Mr. Mazzarella brings the experience and wisdom gained over four decades and 95 trials to help parties resolve their conflict through mediation. He has participated in hundreds of mediations and arbitrations during the course of his career resulting in settlements totaling over $330 million and successful defense of nearly half a billion dollars in claims.

During his years of practice, Mr. Mazzarella developed a reputation for winning \u201cunwinnable\u201d cases. He did so in large part through a combination of creativity, ability to connect and communicate with the
jury, and being able to identify and simplify the key issues in a case, however complicated. Unlike many in his profession, his practice was nearly equal in the representation of plaintiffs and defendants. This experience brings a balanced and unbiased perspective to every mediation.

In addition to his law practice, Mr. Mazzarella is an expert in human behavior, reading people, and deal-making. He brings unique skills and professional experience to his role as mediator which have proven to facilitate dispute resolution. He is a best-selling author, licensed real estate broker, serves as an expert witness in legal malpractice matters, and has worked with a number of high-profile individuals and Fortune 500 companies on impression formation.

Mr. Mazzarella is co-author of the best-selling books \u201cReading People\u201d and \u201cPut Your Best Foot Forward\u201d. He is also a licensed real estate broker and has been personally involved in the development of over 400 units in San Diego County.<\/p>\n\n\n\n

See Mark\u2019s professional biography https:\/\/mazzarellalaw.com\/attorneys\/mazzarella-mark\/<\/a><\/p>\n\n\n\n

Mr. Mazzarella has welcomed the transition to mediation. He brings the same dedication that made him successful in in the trenches of the adversarial process in courtrooms from California to Washington DC to assisting parties navigate and negotiate a way out of expensive and exhausting disputes through unparalleled communication and conflict resolution techniques. His creativity often contributes to crafting settlements which contain non-traditional components leading to a resolution all parties can accept.<\/p>\n\n\n\n

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The True Cost of Litigation\u201d by Mark Mazzarella<\/a><\/div>\n<\/div>\n\n\n\n
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Mediation Services:<\/strong><\/h3>\n\n\n\n


BUSINESS LITIGATION<\/a>
\u2022 Contract disputes
\u2022 Lender\/borrower disputes
\u2022 Partnership disputes
\u2022 Shareholder disputes

CONSTRUCTION LITIGATION<\/a>
\u2022 Construction defect disputes
\u2022 Owner\/contractor disputes
\u2022 Vendor disputes
\u2022 Professional liability

GOVERNMENTAL ENTITY LITIGATION<\/a>
\u2022 California Coastal Act litigation
\u2022 CEQA litigation
\u2022 Contract disputes
\u2022 Eminent Domain\/Inverse condemnation
\u2022 Governmental entity torts
\u2022 Land use\/zoning\/entitlement litigation
\u2022 Writ proceedings

HOSPITALITY LITIGATION<\/a>
\u2022 Franchise disputes
\u2022 Management agreement disputes
\u2022 Land use issues
\u2022 Vendor disputes
\u2022 Construction disputes
\u2022 Unfair business practices claims

INTELLECTUAL PROPERTY LITIGATION<\/a>
\u2022 Copyright disputes
\u2022 Patent disputes
\u2022 Trademark\/Tradename litigation
\u2022 Trade secret litigation<\/p>\n\n\n\n

PROBATE, TRUST AND ESTATE LITIGATION<\/a>
\u2022 Fiduciary disputes
\u2022 Trust disputes
\u2022 Will contests

REAL ESTATE LITIGATION<\/a>
\u2022 Contract disputes
\u2022 Easement\/boundary disputes
\u2022 Foreclosure litigation
\u2022 Lease disputes
\u2022 Lender\/borrower disputes
\u2022 Partnership\/shareholder disputes

SECURITIES LITIGATION<\/a>
\u2022 Securities fraud litigation
\u2022 Shareholder\/investor rights
\u2022 Elder Abuse
\u2022 Employment
\u2022 Professional Liability & Malpractice<\/p>\n\n\n\n

Elder Abuse<\/strong>
Employment<\/strong>
Professional Liability & Malpractice<\/strong><\/p>\n\n\n\n

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Mediation Process & Policies<\/strong><\/strong><\/h3>\n\n\n\n

Why mediation?<\/strong>
Resolution of even the most heated or complex matters is almost always possible. Mediation can save time, money, heartache. and some sanity. Mediation is a collaborative, non-adversarial approach to conflict resolution. It empowers parties to safely express their positions, define their goals and expectations, and explore solutions in a confidential setting focused on a jointly acceptable resolution. It is more cost-effective, less time-consuming, and less emotionally draining than litigation.<\/p>\n\n\n\n

In 2022, Mr. Mazzarella authored an article for the Association of Business Trial Lawyers entitled \u201cThe True Cost of Litigation<\/a>\u201d. For every party contemplating or deep embroiled in litigation, this is a must read. The True Cost of Litigation<\/a><\/p>\n\n\n\n

Personal Attendance Is Highly Recommended<\/strong>
Outcomes are nearly always better when the parties and counsel attend in person. Additionally, to the extent there are other decision makers who will need to be part of the final say in settlement, they should attend in person as well. This can include, for example, spouses, business partners, insurance representatives or coverage counsel.<\/p>\n\n\n\n

Remote and Hybrid Attendance<\/strong>
It is Mr. Mazzarella\u2019s policy to require all participants advise whether they will participate in person or via Zoom at the time the mediation is confirmed. This information is required to be shared with both Mr. Mazzarella and opposing counsel to give all parties the opportunity to postpone, reschedule or cancel the mediation if necessary and avoid the \u201csurprise\u201d of a parties non-attendance which can turn a mediation sour very quickly.<\/p>\n\n\n\n

Offsite Mediations<\/strong>
Mr. Mazzarella is available to travel offsite to conduct mediations in a variety of settings. For example, in the case of a dispute involving a home owner\u2019s association, a mediation could be held onsite to view the properties and could be conducted between homes or in a club house. For individuals with disabilities or conditions which leave them homebound, Mr. Mazzarella is able to meet them where they are. Provided facilities are available, homes, community centers, or hospitals are all possibilities to ensure efficiency, the ability to participate in the resolution process, and conduct a mediation in a setting that will be most likely to lead to a production mediation.<\/p>\n\n\n\n

Mediation Briefs<\/strong>
Mediation, by its nature, is a completely confidential process. Mr. Mazzarella requests briefs be submitted 5 days prior to mediation. If necessary, briefs may be supplemented up to 24 hours prior to the mediation session. Mediation briefs should outline the factual basis for the dispute and the legal issues involved along with the parties\u2019 settlement position. Briefs can be in letter or pleading format and are not limited in page count. Mr. Mazzarella highly encourages the mutual exchange of mediation briefs prior to the mediation session, but this is at the discretion of the parties and is not required. For a party who is reluctant to exchange briefs, it is possible to prepare a brief which will be exchanged with a separate supplement that will only be submitted to Mr. Mazzarella as the mediator and will not be shared. Content.<\/strong> Identify the players, procedural history, facts, theories of liability and defenses, causation, and damages. Feel free to include the relevant pages of critical documents that go to the heart of the case, but do not attach discovery, medical records, depositions, expert reports, or pleadings. Describe any settlement discussions, and feel free to offer your thoughts about challenges to settlement and ways to overcome them.<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cDiscourage litigation. Persuade your neighbors to compromise whenever youcan. Point out to them how the nominal winner is often a real loser\u2014in fees,expenses, and waste of time. As a peacemaker the lawyer has a superioropportunity of being a good man. There will still be business enough. Never stirup litigation. A worse man can scarcely be […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"open","template":"","meta":{"footnotes":""},"class_list":["post-2","page","type-page","status-publish","hentry"],"featured_image_src":null,"featured_image_src_square":null,"_links":{"self":[{"href":"https:\/\/mazzarellamediation.com\/index.php?rest_route=\/wp\/v2\/pages\/2","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mazzarellamediation.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/mazzarellamediation.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/mazzarellamediation.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/mazzarellamediation.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2"}],"version-history":[{"count":0,"href":"https:\/\/mazzarellamediation.com\/index.php?rest_route=\/wp\/v2\/pages\/2\/revisions"}],"wp:attachment":[{"href":"https:\/\/mazzarellamediation.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}