Experienced Mediators in Oakland, Hayward, and Broward

At the Law Offices of Denise Eaton May, P.C., we believe the best outcomes in legal disputes don’t always come from a courtroom. With more than 30 years of experience representing clients throughout California’s Bay Area, founding attorney Denise Eaton May offers trusted, strategic mediation services that empower parties to resolve conflicts constructively—without the time, cost, and stress of litigation.

Whether you’re a business owner, trustee, employer, or individual involved in a high-stakes dispute, we offer a powerful alternative to the courtroom: resolution through guided conversation, strategic compromise, and skilled facilitation.

Why Choose Denise Eaton May as Your Mediator?

With over three decades of legal experience, Denise Eaton May brings a uniquely balanced perspective to mediation. She understands how each side thinks, what they fear, and how they’re likely to respond. That insight makes her a rare and valuable resource when navigating complex disputes.

“I take pride in the fact that I have more than a decade of experience representing employers and another decade of experience representing employees,” says Ms. Eaton May. “That’s rare, and it gives me a unique ability to tell clients exactly what the other side is thinking and what they’re likely to do. This is a powerful tool in mediation.” — Denise Eaton May

What Is Mediation and How Does It Work?

Mediation is a form of alternative dispute resolution that allows people in conflict to work toward a mutually agreeable solution with the help of a neutral third party—the mediator. Unlike litigation, where a judge or jury imposes a binding decision, mediation is a voluntary process that puts control back in the hands of the participants. It is collaborative, not combative, and is designed to facilitate problem-solving rather than perpetuate blame.

The mediator’s role is not to decide who’s right or wrong. Instead, the mediator listens, guides discussion, clarifies misunderstandings, and helps both parties explore options. At the Law Offices of Denise Eaton May, we understand that each dispute is unique. That’s why our approach to mediating disputes is flexible and tailored to the dynamics of the situation. The goal is always the same: to reach a durable resolution efficiently and respectfully.

Although every case differs, mediation in California often follows a general framework:

1. Orientation and Ground Rules: The mediator explains the process and outlines the rules of engagement, including mutual respect, confidentiality, and equal speaking opportunities.
2. Statement of Issues: Each party has the chance to share their side of the story, either in a joint session or privately with the mediator.
3. Facilitated Discussion: The mediator works to uncover common ground and guide constructive conversation. This may involve shuttle diplomacy, where the mediator meets with each party separately.
4. Negotiation and Resolution: Once the core issues are understood, the mediator helps the parties explore and refine possible solutions until they reach an agreement.
5. Final Agreement: If the process is successful, the terms of the resolution are put in writing and signed by both parties. Only then does it become legally binding.

Mediation is inherently private. Anything shared during mediation is confidential and cannot be used later in court. The process is also non-binding unless both parties voluntarily agree to a resolution, offering freedom to explore solutions without fear of consequence. This flexibility makes mediation an ideal forum for open communication and creative problem-solving.

Benefits of Mediation: Why It’s Often the Better Option

Litigation is often portrayed as the ultimate solution, but in reality, court battles are slow, costly, and emotionally draining. Mediation offers a far more constructive alternative—one that puts you in control of the process and the outcome. At the Law Offices of Denise Eaton May, we’ve seen time and again how mediating disputes helps clients move forward more quickly and with less collateral damage than litigation ever could.

One of the most significant advantages of mediation is control. “Over the decades I’ve spent trying cases, I’ve learned that litigation is undependable,” says attorney Denise Eaton May. “You may have the best case in the world, but because the judge is having a bad day or the jurors don’t want to be there, you end up losing. Sometimes, the verdict hinges on a witness’s attitude or something as trivial as a lawyer’s crooked tie. It often has nothing to do with the merits of the case.” In mediation, you retain decision-making power. The resolution is not forced upon you; it’s something you help shape.

Mediation is also faster. While court cases can linger for months or even years, mediation often resolves disputes in a matter of weeks. “I’ve seen cases that would have cost $80,000 and taken two years in court get resolved in a single session of mediation—for less than a tenth of the cost,” says Ms. Eaton May.

That brings us to another advantage: cost-effectiveness. Between attorney fees, court costs, and expert witnesses, litigation quickly becomes expensive. Negotiating in the presence of a mediator eliminates much of that overhead, often resulting in thousands of dollars in savings.

The emotional toll of litigation is rarely discussed—but it’s real. Public courtrooms, adversarial tactics, and uncertainty can exhaust even the strongest among us. Mediation, on the other hand, is a private, structured conversation that encourages collaboration over confrontation.

Confidentiality is another critical benefit. Court records are public. Mediation sessions are not. Sensitive business information, family dynamics, and personal grievances stay behind closed doors, where they belong.

Finally, mediation can help preserve relationships. Whether you’re negotiating with a business partner, employee, sibling, or co-parent, litigation can drive permanent wedges. Mediation helps maintain—or at least minimize damage to—important relationships.

For all these reasons, mediation is often the smarter path. It’s not a compromise on justice—it’s a commitment to resolution. At the Law Offices of Denise Eaton May, we’re here to guide you through the process with skill, clarity, and compassion.

What Does a Mediator Do?

At its core, mediation is about moving forward—and the mediator is there to help make that happen. A mediator is not a judge and does not make decisions for either party. Instead, the mediator serves as a neutral facilitator whose job is to guide the conversation, ease tension, and create an environment where both sides feel heard and understood.

In many disputes, emotions can run high. Anger, frustration, resentment, and fear often overshadow the legal or practical issues at stake. When that happens, the focus shifts from finding solutions to assigning blame. A skilled mediator knows how to break through that emotional fog. By asking the right questions, reframing points of contention, and redirecting unproductive dialogue, the mediator helps parties clarify what really matters—and what’s actually preventing resolution.

At the Law Offices of Denise Eaton May, we bring more than legal expertise to the table. Denise draws on over 30 years of experience in high-conflict litigation and negotiations to get to the heart of the matter quickly. Her ability to anticipate how both sides are thinking gives her an uncommon edge as a mediator. She doesn’t just listen to what’s being said—she understands the deeper fears, priorities, and needs that aren’t always spoken aloud.

It’s this depth of insight that enables her to identify real barriers to agreement. Sometimes, what appears to be a financial disagreement is actually about recognition, respect, or legacy. Other times, parties are more aligned than they realize—but lack the language or structure to communicate effectively. Denise’s role is to bridge that gap. She listens carefully, speaks candidly, and fosters a space where both parties can work toward resolution, not retribution.

Should I Bring an Attorney to Mediation?

Mediation is designed to be flexible, and that includes the option to bring an attorney. While it’s not required, having your lawyer present during mediation can be a wise move—especially in cases involving complex legal issues, significant financial implications, or sensitive business concerns.

Your attorney’s role in mediation is very different from their role in a courtroom. Mediation is not a trial, and lawyers do not cross-examine the other side or argue points of law before a judge. Instead, your attorney acts as a quiet but powerful advocate—someone who helps you understand your rights, evaluate settlement options, and avoid agreeing to terms that might not be in your best interest.

An experienced attorney can:

• Clarify the legal consequences of proposals on the table
• Assist in crafting language for agreements
• Offer guidance during tense or uncertain moments
• Help you stay focused on long-term goals rather than short-term frustrations

At the Law Offices of Denise Eaton May, we welcome the opportunity to work alongside legal counsel. Denise understands the value that attorneys bring to the mediation process and respects their role in protecting their client’s interests. At the same time, she remains firmly neutral—her responsibility is to the process, not to either party.

This balance is essential. Denise collaborates with attorneys without compromising the trust or neutrality required to keep mediation fair. She helps facilitate discussion, not dictate outcomes. When all participants—mediator, attorneys, and clients—work together, the chances of reaching a thoughtful and durable agreement increase dramatically.

Whether you choose to attend mediation with or without a lawyer, you can trust that Denise Eaton May will keep the process respectful, forward-looking, and grounded in the goal of resolution.

Mediation Services for Business and Employment Disputes

In today’s fast-paced business environment, unresolved conflict can quickly disrupt operations, strain professional relationships, and threaten the bottom line. At the Law Offices of Denise Eaton May, we offer focused mediation services to help businesses resolve disputes efficiently and cost-effectively—without the risks and delays of litigation.

We regularly assist employers, executives, and business owners in mediating a wide range of employment and commercial disputes. These include:

• Severance agreement negotiations: Whether you’re a company seeking to part ways with an employee or an executive reviewing a proposed package, we help both sides reach fair and mutually acceptable terms.
• Discrimination or harassment claims: Workplace disputes involving allegations of bias or misconduct are sensitive and high-stakes. Mediation offers a private, neutral forum to resolve these claims while minimizing reputational risk and preserving morale.
• Contractual disputes with vendors or partners: Disagreements between commercial partners can stall operations and escalate quickly. Mediation allows both sides to revisit the terms of their agreement and explore creative solutions without destroying the underlying business relationship.
• Internal employment disputes: From wage disputes to personality conflicts between team members, internal friction can affect productivity and company culture. Mediation provides a structured opportunity to resolve tensions before they reach a breaking point.

Many business owners assume that litigation is the only option when negotiations break down. But in reality, guided negotiations can often resolve these issues in a matter of weeks—sometimes even days—rather than months or years. With Denise’s decades of experience on both sides of the employer-employee divide, she is uniquely equipped to mediate these matters with fairness, discretion, and insight.

Mediation doesn’t just save time and money. It helps protect the business you’ve worked hard to build by reducing exposure, preserving relationships, and allowing you to stay focused on growth—not conflict.

Estate and Probate Mediation

Few disputes are more emotionally charged than those involving the estate of a loved one. Whether disagreements arise over the terms of a will, the actions of a trustee, or a conservatorship decision, these conflicts often involve family members who are grieving and already under stress. Litigation in this setting is not only expensive—it can tear families apart.

At the Law Offices of Denise Eaton May, we offer a better way forward. Our estate and probate mediation services are designed to resolve even deeply entrenched disputes with dignity and compassion. Denise brings decades of legal and mediation experience to cases involving:

• Will contests: Mediation offers a private forum to resolve concerns about the validity of a will, including issues related to mental capacity, undue influence, and ambiguous terms.
• Trust administration disputes: When beneficiaries suspect a trustee of mismanagement or misconduct, mediation can help clarify roles and responsibilities while working toward corrective solutions.
• Allegations of fiduciary misconduct: Breaches of fiduciary duty—such as self-dealing, failing to follow trust terms, or neglecting financial responsibilities—can be addressed through structured negotiation rather than public trial.
• Guardianship and conservatorship conflicts: Disputes over whether a loved one needs assistance or who should serve in that role can often be resolved more peacefully through mediation than in court.

Estate litigation often drains the very assets the parties are fighting over. Mediation, by contrast, is typically faster, more affordable, and more conducive to preserving relationships. Denise Eaton May understands the family dynamics at play in these cases and approaches every session with sensitivity, impartiality, and a commitment to helping families reach sustainable agreements.

Real Estate Mediation Services

Real estate disputes—whether between buyers and sellers, landlords and tenants, or business partners—can escalate quickly and carry significant financial consequences. Unresolved conflicts can derail transactions, delay construction projects, or lead to protracted legal battles that erode investment value. Mediation offers a practical and timely alternative.

At the Law Offices of Denise Eaton May, we help clients resolve a wide range of real estate disputes, including:

• Buy-sell agreement disputes: Whether due to financing contingencies, misrepresentations, or post-closing issues, we help parties navigate buy-sell disagreements and salvage deals before they collapse.
• Construction defect claims: Property owners and contractors often find themselves at odds over workmanship, contract performance, or cost overruns. Mediation allows both sides to present their concerns and work toward a remedy that avoids litigation delays.
• Commercial lease conflicts: Disputes between landlords and commercial tenants—over terms, maintenance obligations, or lease enforcement—can jeopardize valuable business relationships. Working with a mediator facilitates faster, business-minded resolutions.
• Boundary and title disagreements: Property line conflicts or competing title claims can stall developments and reduce property value. Through mediation, these disputes can be resolved with input from both sides and, when needed, assistance from legal or technical experts.

In real estate, time is often money. Delays mean missed opportunities, lost revenue, and rising expenses. Denise’s experience in business law and negotiation equips her to understand both the legal and financial stakes of these matters and guide parties toward clear, workable outcomes. Whether you’re protecting an investment or defending your property rights, working with a real estate mediator can deliver timely results while keeping costs and conflict in check.

Comparing Mediation, Arbitration, and Collaborative Law

When facing a legal dispute, you don’t have to go straight to court. Several alternative dispute resolution methods offer paths to resolution that are faster, more private, and often far less stressful. The three most common are mediation, arbitration, and collaborative law. Each has distinct features—and understanding the differences can help you choose the right path forward.

Mediation: Voluntary, Collaborative, and Non-Binding

Mediation is a voluntary process where a neutral third party, the mediator, helps disputing parties communicate, negotiate, and find common ground. The mediator does not make decisions or impose outcomes. Instead, they guide the conversation, identify barriers, and help craft solutions that both parties can agree to.

Agreements reached while working with a mediator are non-binding unless the parties reach an agreement and choose to formalize it. It is highly flexible, confidential, and personalized to the needs of the people involved. This flexibility makes mediation especially appealing to individuals and businesses looking for creative, custom-tailored outcomes.

Arbitration: Binding Third-Party Decision

Arbitration resembles a private trial. Each side presents evidence and arguments to a neutral arbitrator, who then issues a decision—often binding and enforceable like a court judgment. While faster and more private than litigation, arbitration can be more rigid and costly than mediation. Once the arbitrator renders a decision, the parties typically cannot appeal or negotiate further.

Arbitration may work well in disputes that require a final ruling but still benefit from staying out of court. However, it removes much of the control from the participants and places it in the hands of a third party.

Collaborative Law: Attorneys Working Together to Settle Out of Court

In collaborative law, each party retains an attorney trained in collaborative practice, and all agree in advance to resolve the matter without court intervention. The process is structured, cooperative, and focused on problem-solving rather than winning or losing. If the process breaks down, the collaborative attorneys must withdraw, and new counsel must be retained for litigation.

This model can be effective in family law or estate planning contexts where relationships matter. Still, it requires full commitment to transparency and negotiation from the outset.

Why Mediation Often Stands Out

Mediation provides the greatest flexibility and empowerment. You maintain control over the outcome, set the pace, and determine what’s on the table. With the guidance of an experienced mediator like Denise Eaton May, the process is not only legally sound but also strategic, efficient, and respectful of all parties involved.

Frequently Asked Questions About Mediation

What does mediation cost?

Mediation is generally much more affordable than litigation or arbitration. At our firm, we offer flat-fee packages to eliminate uncertainty and help clients plan with confidence.

How long does it take? 

Many disputes can be resolved in one session. More complex cases may require several meetings. Still, mediation tends to move much faster than traditional legal proceedings, often concluding in weeks rather than years.

What if it doesn’t work?

If the parties are unable to reach an agreement, they are free to pursue litigation or another resolution method. Nothing discussed in mediation can be used against either party in court, preserving the confidentiality and integrity of the process.

Is it confidential?

Yes. Mediation is private and protected. All discussions are confidential, and mediators typically require parties to sign a confidentiality agreement. This means the details of your dispute won’t become public record.

How do I choose the right mediator?

Look for someone with a balanced temperament, strong communication skills, and deep legal knowledge. Denise Eaton May brings over three decades of experience, a reputation for impartiality, and a rare ability to see beyond surface-level conflict to what’s really at stake.

Dispelling Mediation Myths

Despite its many benefits, mediation is often misunderstood. At the Law Offices of Denise Eaton May, we hear the same myths again and again—and we’re here to clear them up.

“Mediation is weak.”

Not true. Mediation isn’t about backing down—it’s about stepping up to solve problems on your own terms. It requires clarity, courage, and commitment. Many of the most sophisticated companies and individuals choose mediation precisely because it gets results without unnecessary conflict.

“The mediator might rule against me.”

That’s not how mediation works. Mediators don’t issue decisions or verdicts. Their job is to guide the discussion, foster understanding, and help the parties reach an agreement together. You remain in control at every stage.

“Mediation won’t work for this type of case.”

Mediation has helped resolve everything from high-value commercial disputes to deeply emotional estate matters. Even if you can’t settle every issue, mediation often resolves enough to reduce the scope of a later trial—or avoid it entirely.

“Any attorney can be a mediator.”

Not all attorneys are trained or qualified to mediate effectively. Mediation requires a unique set of skills: neutrality, empathy, creativity, and deep legal insight. Denise Eaton May has spent more than 30 years honing those skills—earning the trust of business owners, families, and fellow attorneys across the Bay Area.

When you choose mediation, you’re choosing to move forward intelligently, collaboratively, and with purpose. Let us help you get there.

Schedule Your Free Consultation Today

Ready to explore your options? Speak directly with an experienced mediator who can help you resolve disputes thoughtfully and strategically. Call our Hayward office at 510-244-3307 or contact us online to schedule your free initial consultation.