Participation in mediation is usually voluntary, and if one party refuses to participate, the other party can explore other options, such as filing a lawsuit or seeking alternative dispute resolution methods.
No, mediators are neutral facilitators and cannot provide legal advice to the parties. It is recommended that each party consult with their own attorney for legal advice outside of the mediation process.
If a party feels intimidated or unsafe during mediation, they should communicate their concerns to the mediator or seek assistance from appropriate authorities. Mediators are trained to create a safe and respectful environment for all parties involved.
Yes, if the parties reach a mediated agreement and the terms are set forth in a Judgment, filed with the Court, and later need to enforce its terms, they can seek court intervention to ensure compliance or request modifications based on changed circumstances, if appropriate under the law.
Mediation is generally much less expensive than going to court in California. It can save parties significant costs associated with lengthy litigation, such as attorney fees, court fees, and other related expenses.
In general, information disclosed during mediation cannot be used as evidence in future court proceedings. However, there may be exceptions if there are concerns about child abuse, elder abuse, or other situations that require reporting to appropriate authorities.
Yes, mediation can be an effective method for resolving conflicts between co-parents, such as disagreements over custody, visitation schedules, or decision-making for the children.
Mediation itself does not result in a legally binding decision. However, if the parties reach an agreement in mediation, they can choose to formalize it in a legally binding contract and seek court approval to make it enforceable through the Judgment process.
Mediators do not provide recommendations or opinions to the court. Their role as a neutral is focused on facilitating the parties’ communication and helping them reach their own agreements.
Yes, mediation can be used to resolve disputes in probate matters, such as disagreements over the distribution of assets or resolving conflicts among heirs or beneficiaries.
