Mediation is a structured negotiation process in which an independent and neutral person, known as a mediator, assists the parties in identifying, evaluating options, and negotiating an agreement to resolve their dispute. (See California  Rule 3.857. Quality of mediation process) Mediation is an alternative to a judge imposing a decision on the parties.  Courts encourage mediation and, although the process is voluntary,  it’s important to know that refusing a request to mediate may weaken your position if the case is taken before a judge later.

The mediator does not have to be an attorney.   The process is informal and flexible, attorneys are not necessary. No formal rules of evidence or witnesses.  It is 100% confidential.

 What are the benefits of mediation?

• Effective – Mediation has grown in popularity because it has a high settlement rate.
• Efficient – Disputes can be resolved faster than going to court. Statistics indicate that more than 70% of mediation cases settle either on the day or shortly thereafter.
• Cost-effective – Resolving a dispute through mediation is much less expensive than going to court.
• Confidential – Mediation allows the dispute to remain private and can also be less disruptive to a business or a family.
• Flexible – Parties work with a specialist mediator to explore the dispute and all the possible solutions together.
• Less formal than going to court – Fewer people are involved in mediation than when you go to court.
• Rewarding – A mediator’s role is to assist communication between the parties, not to make or impose any decisions; The involved parties control the outcome and work together to come to a win/win agreement.
• Forward-looking – Working together in mediation can benefit professional relationships and build a strong foundation for any future negotiations.
• Can result in a legally binding agreement – Although the process of mediation is not legally binding, it can result in a legally binding settlement document that should have the same strength as a court order.