MEDIATION PROCEDURES

The mediator will not act as an advocate. The resolution of the issues in dispute shall be binding only to the extent that it is approved by all parties affected by the agreement, and then only as to those parties in agreement.

A. PARTICIPANTS: Participants shall include the plaintiff and defendant and any other person whose authority is necessary to settle the case.

B. POSITION STATEMENT: The parties shall provide to the mediator a Position Statement or Brief outlining the issues in dispute and the amount in controversy. The document will be mailed to Dispute Resolution Center no later than one week in advance of the mediation. The parties are encouraged to exchange the information with each other prior to the mediation. However, if confidential information is disclosed to the mediator which is not to be shared with the other party, the document, or any part thereof, should bear the statement, "Confidential - Do Not Disclose."

C. CONFIDENTIALITY: In order to preserve the confidentiality of these mediated negotiations and to protect the rights of the participants, the parties recognize that Evidence Code section 1115 et seq. imposes rules which are binding on all parties. A copy of the statute is attached to the Pre-Mediation Agreement.

D. THE MEDIATION: The mediation format is designed to give the parties to the dispute an opportunity to reach a settlement of all or part of the matter through mediated negotiations and input from the mediator. It will be conducted in the following manner:

Introduction: Each party will give a brief overview of the case from their perspective. The comments should include their estimate of damages and/or their theory of liability. With the assistance of the mediator, the parties may express to each other their concerns and "non legal" issues.

Private Sessions: Each party will meet separately with the mediator to discuss the strengths and weaknesses of their case. These private caucuses are confidential meetings with the mediator and the information discussed will not be revealed to the other side without permission. The discussions will also seek to establish the basis on which the parties would be able to settle the case.

Joint Sessions: The parties will reconvene to confirm that a settlement has been reached, to agree to continue negotiations, or to request that the proceedings be terminated.

Length of Session: Usually, a minimum of three hours is allocated for a mediation.

E. FEES: $250.00 to $350.00 per hour, depending on the mediator selected. The cost may be divided by the parties, pursuant to agreement. There is a one-time fee of $50.00 per party for administration.

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