Davis & Brown, LLP, Attorneys at Law, 2033 North Main St., Ste. 355, Walnut Creek, CA 94596 Tel.: 1 (925) 933-3737
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What Is Mediation?
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| What Is Mediation? | Mediation is a process by which parties submit their disputes to a neutral third party (the Mediator) who works with them to reach a mutually agreeable settlement of their disputes. It is a non-adversarial, objective process of resolving disputes amicable. The Mediator does not act as a judge, does not impose solutions, and does not act as an advocate for any party. The process is informal and confidential. There is little risk to the parties. If the parties cannot resolve their conflict, they still have the option of arbitration or litigation without prejudice to their original positions. |
| Confidentiality: | Mediation sessions are settlement negotiations. Settlement negotiations are inadmissible in any subsequent litigation or arbitration of the parties' disputes. The parties agree not to subpoena the Mediator or otherwise require the Mediator to testify or produce records, notes or work product in any proceeding. All statements madse during the course of the Mediation are privileged settlement discussions, are made without prejudice to any party's legal position, and are non-discovberable and inadmissible for any purpose in any legal proceeding. |
Self-Determination: |
Self-determination is a fundamental principle of Mediation. The mediation process relies on the ability of the parties to reach a voluntary uncoerced agreement. Any party may withdraw from Mediation at any time. The primary role of the Mediator is facilitate a voluntary resolution of a dispute and to explore with the parties all proposed resolution options. |
Impartiality: |
Mediators are, and must remain impartial. If at any time the Mediator is unable to conduct the process in an impartial manner, the Mediator must withdraw. To assure impartiality, the Mediator must disclose all actual and potential conflicts of interest reasonably known to the Mediator and cannot act unless the parties choose to retain the Mediator after such disclosure. |
| Quality Of The Mediation Process: | The Mediator works to ensure a quality process and to encourage mutual respect among the parties. A quality process reqauires a commitment by the Mediator to diligence and procedural fairness. Each party is given adequate opportunity to participate in the discussions and to decide for themselves when and under what conditions they will reach an agreement or terminate a Mediation. |
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Davis & Brown, LLP, Attorneys at Law, 2033 North Main St., Ste. 355, Walnut Creek, CA 94596 Tel.: 1 (925) 933-3737
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