Why Try To Mediate Your Dispute?
The goal of mediation is implement a process wherein the parties meet with a mutually selected impartial person who assists them in the negotiation of their differences and resolution of their case.
In mediation the decision is up to the parties and not a judge. The mediator does not rule in favor of one party or against the other. Instead, the mediator acts as a neutral referee between the opposing interests and tries to suggest ways to bring them together by making the parties focus on the issues to resolve the conflict, instead of just trying to “beat” each other. A mediator will, however, seek to elicit compromise from each party while conducting the mediation process.
Everything that is said in the mediation process is confidential and not deemed an admission or used against any party in any other proceeding if the mediation does not result in a settlement. This is codified in the California Evidence Code.
The mediation generally begins with a joint meeting of all parties to define the issues and determine what is important to each party and their respective positions. This allows the parties to voice their concerns to each other and lets the parties see what the problem is from the other side’s point of view.
The joint meeting is then followed by private meetings between the mediator and each individual party or their counsel. This permits the parties to disclose strengths and weaknesses in their case that can play a part in bringing about a resolution on terms they would find acceptable. It also gives the mediator a chance to play devils advocate with the party and perhaps see their case in another light.
The types of matters that can be submitted to mediation in our office are: