Mediation Law in California

tytanium | 12.21.17

Mediation is a procedure in which the Arbitrator expedites communication between two or more parties to a controversy for the aim of assisting them to consummate an agreement. Mediation Law in California cites that all interaction that occurs during mediation should be kept confidential in order to encourage all parties to be up front and candid with the advocate and with each other.

The Role of Mediator

The Mediator or Attorney, who may approach the parties in joint and individual sessions, works to:

  • Enhance the communication counter to party lines
  • Aids parties in clearing up and broadcasting their interests and comprehend those of the other party
  • Investigate the strengths and weaknesses of every party’s statutory statuses
  • Determine areas where the parties agree and
  • Help produce options for a jointly agreeable decision.

The Mediator usually does not provide a complete assessment of the case. Mediation can stretch outside conventional resolution discussion to widen the scope of settlement options, generally by probing litigants’ requirements and interests that may be autonomous of the legal matters in dispute.

Safeguarding the Right to Trial

Under Mediation Law in California, the Attorney has no authority to dictate resolution and cannot attempt to compel a party to comply with any proposed rules. The parties’ finding, revelation and motion proceeding rights are completely preserved. All parties may comply with a binding decision. If no decision is consummated, the case stays on the trial track.

The Neutral

A mediator is appointed by the judiciary’s ADF staff and has no obvious conflicts of interests with the parties involved. In case the parties find any conflict of interest, they can go ahead and object to the person appointed as mediator. Following are the qualification of Mediators appointed by court:

  • Must have permission to practice law for a minimum of seven years (in case of an attorney)
  • Must be experienced in communication as well as negotiation methods
  • Must be knowledgeable about civil trial in federal court, and
  • Must be trained by the bench.
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