Mediation is an informal process where the parties voluntarily agree to come together in a good-faith effort to mutually resolve their issues. It is a form of alternative dispute resolution that can save the parties from costly investigation, arbitration or litigation. The Mediator is a neutral party who does not represent any of the parties. The mail goal of the Mediator is to facilitate the process and try to help the parties craft a resolution to their dispute. The Mediator does not decide whether the case is meritorious, but will fully evaluate the case and try to assist the parties with getting it resolved. If the parties agree to resolve their dispute, a settlement agreement will be confirmed in writing and signed by the parties in the dispute. The signed Settlement Agreement will be binding on all of the parties to the agreement.
Mediation is confidential and all information exchanged during the mediation is protected under the applicable sections of the California Evidence Code. The parties will be asked to sign a Confidentiality Agreement prior to the start of the mediation. The parties agree that the Mediator may not be subpoenaed by the parties to testify on behalf of any of the parties, nor will the Mediator be compelled to produce any documents to be used in any pending or future judicial or administrative proceeding. The Mediator will destroy all notes, records or documents at the end of the mediation process, no matter the outcome. No party may tape-record or transcribe the mediation sessions.
Although not required by the Mediator, the parties may decide to submit Mediation Briefs to the Mediator no later than 72 hours prior to the start of the mediation. The Mediator requests that each party bring to the mediation someone who has settlement authority to enter into a final and binding settlement.