San Francisco Superior Court Highlights Benefits of Mediation Programs
SAN FRANCISCO - “The Court has talented mediators available to assist clients with resolving their disputes,” Assistant Presiding Judge James J. McBride said. “In many cases, these trained mediators are able to help parties settle their differences to avoid the hardship of protracted disputes.”
San Francisco Superior Court offers some of the following mediation services:
The Unified Family Court Services department provides free, confidential mediation. All Unified Family Court Services mediators are Court employees. They are clinically trained and experienced in working with families. The mediators’ main focus is always the best interests of the child. The program offers mediation for all parents who cannot resolve disputes related to custody and/or time-sharing arrangements. Parties must attend mediation and an orientation program before the Court will hear any requests related to custody or time-share issues. Mediations also are provided in Juvenile Dependency (child protection) cases. The judge may order the case to mediation on its own motion, or based on a request from the parties. Immediately following the mediation, the matter is returned to Court for judicial review and the entry of the parties’ agreement as an order of the Court. Juvenile dependency mediation services are available at any stage of the dependency process. Some of the issues that may be mediated are jurisdictional issues, visits, service plans, the appropriate placement of children, reunification transition plans, the termination of services, and the determination of permanent plans.
The Alternative Dispute Resolution Program offers general civil litigants three different types of mediation opportunities: the Judicial Mediation Program, Mediation Services through the Bar Association of San Francisco, and the Voluntary Civil Mediation Panel. The Judicial Mediation program utilizes active trial court judges to conduct pro bono mediations in both complex and general civil cases. Mediation Services was created in collaboration with the Bar Association to offer parties three free hours of mediation with a mediator specializing in the subject matter of the parties’ dispute. The Voluntary Civil Mediation Panel is a list of highly qualified, pre-screened, professional mediators available to mediate general civil cases at any time in the life of case. All civil mediation panels are composed of mediators who have up to 30+ years in legal and/or mediation experience. These mediation programs have been assisting thousands of litigants in reaching mutually satisfactory settlements for more than a decade.
Two panels of volunteer attorneys provide Pro Bono Mediation in the Probate Department. The first panel, which is administered by a private probate litigation attorney, provides mediators for disputes involving trusts and decedents’ estates. The second panel, which is administered by the Court, provides mediators for those who are involved in guardianship and conservatorship matters. All the mediators have received mediation training under the sponsorship of the Court. The judge refers the matter to mediation upon the agreement of the parties. Following mediation, the matter is returned to Court for judicial review. Typical issues in trusts and decedents’ estates include contests in wills over assets, title of real property, and validity of the will or trust.
The Self-Represented Litigant (SRL) Mediation Program provides mediation services at every stage of a Small Claims case, from pre-filing to post-judgment. People can schedule mediations through the ACCESS Self Help Center to fit their schedules, including evenings and weekends. Mediators also are available during Small Claims calendars and litigants have an opportunity to meet with them before going to trial. The multilingual SRL Mediator Panel is made up of more than 50 Court-trained volunteers. The program has mediated more than 220 cases since its beginning in November 2007.
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In a recent study, couples choosing to dissolve their marriage in court showed that they spent an average of 134% more than couples who chose a mediator to solve their divorce dispute
Both parties have an equal say in the process. They decide the terms of the settlement and the mediator negotiates what they want. Neither party is determined guilty or innocent.
Mediation provides confidential and a neutral setting in which the parties can discuss their viewpoints on the underlying dispute. Improving communication can lead to mutually satisfactory dispute resolutions.
Independent study and survey showed 96 percent of all respondents and 91 percent of all mediating parties who used mediation would use the process again.
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