Rebecca Callahan - JD, LLM (ADR)

Attorney / Mediator / Arbitrator
Tel 949.260.8888
Fax 949.260.9999
Email rebecca@callahanADR.com
Rebecca Callahan on LinkedIn

 

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Mediation & Arbitration Services

Rebecca is an AV-rated litigation lawyer who acts as an independent neutral in private mediations and arbitrations, and as a litigation consultant regarding settlement evaluation and preparation for mediation and arbitration. Her practice is dedicated to helping parties resolve their disputes in a way that is more efficient, economical and effective than litigation in the courts. No matter what dispute resolution process is used, Rebecca’s goal is the same: to help parties achieve a durable resolution and to do so in a manner that is fair and respectful to all involved.

It is a privilege to be invited into a dispute as a neutral or dispute resolution consultant. Rebecca takes those invitations seriously and prepares accordingly. Her mission statement is simple: to provide value to all parties through thoughtful study, insight and real-world perspective.

Rebecca’s practice has covered a broad spectrum of civil disputes, as described in the “Representative Matters” section of this website. While the subject matter has varied, the common denominator in most matters was the need for a broader understanding of the problem, its source and possible solutions facilitated through Rebecca’s objective / common sense approach.

One thing you can count on when Rebecca is invited into a dispute: she cares. Otherwise, she would not have accepted the invitation.

  • Accounting Disputes
  • Bankruptcy Disputes
  • Contract Disputes
  • Financial Elder Abuse
  • Inheritance Disputes
  • Real Estate Disputes
  • Business Dissolution Disputes
  • Commercial Disputes
  • Fiduciary Disputes
  • Fraud & Business Torts
  • Insolvency Disputes
  • Settlement Advocacy & Consulting

 

 

Tip of the Iceberg

October 9, 2012 · Posted in Mediation ·  

When parties look to the court to decide/resolve their disputes, they start that process by stating their claims, denials and defenses in formalistic pleadings.  Such matters are “named” using legalese (e.g., defalcation, breach, estoppel, offset), and each side’s story is told in a one-sided manner, usually by someone who has no first-hand knowledge (e.g., an attorney).  The litigation view of the dispute is just the “tip of the iceberg.”  It does not reflect the parties’ feelings about the problem or each other, nor does it reflect how the parties’ lives, reputations, careers, families, etc. have been affected.  The litigation view is a snapshot of a past event and does not reflect where the parties are today or how the dispute is (or is not) impacting them.  It is a view that is defined by “the law” and thus does not reflect the parties’ needs, interests or desires to the extent not recognized as relief available under the law.

In mediation, the parties can go below the surface of their stated legal claims and defenses, which can result in a broader discussion about both the problem and possible solutions.  Mediation works because it puts the parties in control of the outcome and results in a more durable settlement because the parties’ interests and needs (and maybe even their feelings) have been addressed.