Mediation can be used to resolve a wide range of disputes, including family law matters, among others, including issues involving child custody, Parenting Plan, child support, spousal support, and the division of property and debts, and related matters.
In some cases, mediation may be required before going to court. For example, in family law cases, California law generally requires parties to participate in mediation for child custody and visitation disputes, prior to proceeding with a hearing or trial on such issues. Private mediation is voluntary.
Yes, mediation is confidential in California. This means that the discussions, documents, and communications that occur during the mediation process are not admissible as evidence in court proceedings
The mediator’s role as a neutral is to facilitate communication, assist parties in exploring options, and help them find mutually acceptable solutions. The mediator remains neutral and does not make decisions or provide legal advice. The mediator provides a safe environment for the parties to resolve their disputes, and gives each party a “voice” in […]Continue reading
Mediators can be adult individuals who have completed specific training in mediation and meet the qualifications set by the California Dispute Resolution Programs Act (DRPA). Most mediators are retired judicial officers, lawyers, or professional persons with mediation training and experience.
The duration of a mediation session can vary depending on the complexity of the issues and the willingness of the parties to cooperate. Sessions can range from a few hours to a full day to multiple sessions over several weeks.
Yes, attorneys can be present during mediation sessions to provide legal advice and support to their clients. However, the level of attorney involvement can vary depending on the preferences of the parties involved.
Yes, mediation can be conducted online or remotely using video conferencing platforms or other electronic means. This provides flexibility and accessibility, especially in situations where parties are located in different geographic locations.
Yes, if the parties reach an agreement through mediation, they can formalize it into a legally binding contract or agreement. Once signed, the mediated agreement can be enforceable in court and the terms of the Mediation Agreement will be confirmed and included in a formal Judgment filed with and entered by the court.
No, the mediator does not have the authority to impose a decision on the parties. The mediator’s role is to facilitate communication, to facilitate and explore options for settlement, and assist the parties in reaching a voluntary agreement.
