What Is Mediation in California?

Mediation in California civil litigation is a voluntary and court-ordered process. After a lawsuit is filed and the parties engage in the written discovery process and depositions, the court or the parties may attempt to resolve the civil litigation through mediation. The court may, in certain circumstances, also order the parties to mediation if the case appears to be such that it should be resolved before trial to save the court resources and time.

How Is a Mediator Selected?

Mediation does not take place in a courtroom but instead is typically done via Zoom these days, whether court-ordered or voluntary. The mediator is not the decision-maker and does not make orders to resolve the dispute. The parties work together to agree on a mediator, looking at his or her qualifications and ability to be impartial in this particular case. Oftentimes, the attorneys will select either a retired judge or a civil litigator with years of experience in the field to mediate the matter.

Private Mediation vs. Court-Ordered Mediation

The difference between private mediation and court-ordered mediation does not end at the cost. If the parties participate in private mediation, they often pick a mediator who works for a handful of private companies that offer mediation services. These mediation offices charge an hourly rate for the mediator and then often include administration fees. These mediators generally cost over $1,000.00 an hour, plus administration fees.

If you are referred by the court to mediation, you will often be working with a panel of mediators that the court has as volunteers. These mediators are often free for a certain amount of time or offer a reduced fee for their services. Both options can get your case resolved, and both options have experienced litigators and judges to assist the attorneys in finding common ground.

Mediation Confidentiality and Settlement Discussions

The process is similar for both private and court-ordered mandatory mediations. The mediation process is a confidential process in which the parties can share the good and bad of their cases without that information being repeated to the other side by the neutral mediator. In mediation, the parties can also exchange settlement numbers without fear that they will be brought up at trial later on. During a mediation, the parties can also agree to settlement terms that are often not available at trial, such as an apology or agreements to implement greater safeguards against the harms that the plaintiff suffered.

What Is a Mediator’s Number?

What is also valuable in both a mandatory court-ordered mediation and a voluntary mediation is that the parties can test their theories with a neutral third party. The mediator might communicate to the parties the strengths and weaknesses of a matter that they believe the parties have not considered. Oftentimes, attorneys at an impasse or their clients might want to hear what the mediator believes.

If asked, the mediator can give his or her opinion and can also suggest ranges for settlements and make what is called a mediator’s number. A mediator’s number is a number that the mediator believes will settle the case, and each party has the ability to reject it. This is done when the parties are far apart to attempt to bring them together when settlement offers and demands have halted.

What to Expect During Mediation

The plaintiff and the defendant do not have to prepare personally for the mediation; their counsel will submit briefs and evidence for the mediator to consider. The mediator does not question the plaintiff or the defendant like a deposition but may introduce themselves to the parties and engage in small talk to break the ice before beginning settlement negotiations. Oftentimes, the reduced-cost or pro bono panels will have limited time, so they work very quickly to try to get the matter resolved. This limits how much time they can spend getting to know a party.

Mediation allows the parties an informal way to resolve disputes in civil litigation without the risk of trial, the uncertainty of trial, or the increased costs of trial.

To learn more about personal injury and employment claims, visit Dolan Law Firm’s legal resources. For questions about a potential claim, contact our team for a free case evaluation or dial #4HELP (#44357) from your mobile phone.