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The Process Of Mediation In California

Governing Rule:
ADR Local Rule 6.

The goal of mediation is to reach a mutually satisfactory agreement resolving all or part of the dispute by carefully exploring not only the relevant evidence and law, but also the parties' underlying interests, needs and priorities.
See ADR LR 6-1

Process:
Mediation is a flexible, non-binding, confidential process in which a neutral mediator facilitates settlement negotiations. The informal session typically begins with presentations of each side's view of the case, through counsel or clients. The mediator, who may meet with the parties in joint and separate sessions, works to:

  •  Improve communication across party lines
  •  Help parties clarify and communicate their interests and understand those of their opponent
  •  Probe the strengths and weaknesses of each party's legal positions
  •  Identify areas of agreement and help generate options for a mutually agreeable resolution

    The mediator generally does not give an overall evaluation of the case. Mediation can extend beyond traditional settlement discussion to broaden the range of resolution options, often by exploring litigants' needs and interests that may be independent of the legal issues in controversy. See ADR LR 6-1 ADR LR 6-10

    Preservation of right to trial:
    The mediator has no power to impose settlement and does not attempt to coerce a party to accept any proposed terms. The parties' discovery, disclosure and motion practice rights are fully preserved. The parties may agree to a binding settlement. If no settlement is reached, the case remains on the litigation track.

    The neutral:
    The court's ADR staff appoints a mediator who is available and has no apparent conflicts of interest. The parties may object to the mediator if they perceive a conflict of interest.

    Mediators on the court's panel have the following qualifications:

  •  Admission to the practice of law for at least 7 years (if a lawyer) 
  •  Experience in communication and negotiation techniques 
  •  Knowledge about civil litigation in federal court 
  •  Training by the court

    The court’s panel also includes non-lawyer mediators if they meet the other qualifications and they have appropriate professional credentials in another discipline. Non-lawyer mediators are appointed only with the consent of the parties.

  • Contact a Mediation Lawyer now for a free case review.

    Contact California Mediation Attorneys



    Contact a Mediation Attorney for the following California cities:

    • Antioch
    • Bell
    • Hawthorne
    • Long Beach
    • Los Angeles
    • Norwalk
    • Oceanside
    • Pacoima
    • Santa Ana
    • South Gate
    • Norwalk
    • Oceanside
    • Oxnard
    • Pacoima
    • Pittsburg
    • Santa Ana
    • South Gate
    • Sylmar
    • Watsonville
    • Westminster
    • Fremont
    • Fresno
    • Hawthorne
    • Hayward
    • Hesperia
    • Huntington Beach
    • Huntington Park
    • Indio
    • La Habra
    • La Puente
    • Laguna Niguel
    • Lake Forest
    • Lancaster
    • Livermore
    • Long Beach
    • Los Angeles
    • Lynwood
    • Merced
    • Milpitas
    • Montebello
    • Moreno Valley
    • Napa
    • North Hollywood
    • Norwalk
    • Oceanside
    • Ontario
    • Oxnard
    • Pacoima
    • Palmdale
    • Panorama City
    • Pico Rivera
    • Pittsburg
    • Pomona
    • Porterville
    • Reseda
    • Rialto
    • Riverside
    • Rosemead
    • Sacramento
    • Salinas
    • San Diego
    • San Francisco
    • San Jose
    • San Pedro
    • Santa Ana
    • Simi Valley
    • South Gate
    • South San Francisco
    • Sylmar
    • Tulare
    • Union City
    • Vacaville
    • Victorville
    • Vista
    • Watsonville
    • Westminster

    Contact a Mediation Lawyer now for a free case review.

     

     
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      Did You Know?
     

    Court litigation divorces cost more.

    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

    Contact Mediation Lawyers

    Mediation is neutral and fair.

    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.

    Contact Mediation Lawyers

    Mediation enhances communication.

    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.

    Contact Mediation Lawyers

    Mediation is a Win Win situation.

    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.

    Contact Mediation Lawyers

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