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Jan 30 2020 0

Mediation as a Form of Dispute Resolution in California

In the state of California, civil mediation, unlike mediation in cases of family law, is a kind of alternative resolution to a dispute that aids both sides in trying to settle their case without dealing with the expense and the time of a lengthy trial. Even though a lot of people have heard of mediation, they usually have no idea what they should expect. There are a lot of procedures and rules concerning the process of mediation. Having a thorough understanding of the most important of these rules and procedures might help alleviate any anxiety you are feeling prior to your actual mediation taking place.

Beginning Mediation

Mediation As a Form of Dispute Resolution in California

Mediation is able to begin at any time. Oftentimes the people involved in the dispute might consent to mediation before a formal lawsuit becomes an issue. Other times, mediation is arranged following the filing of a formal complaint. Mediation may be started by the courts or by either of the people involved. The court might also order mediation for your dispute in the event that it decides that it is fitting to your case, and might actually be settled before you get to a trial. 

Choosing Your Mediator

The individuals involved have to choose a “neutral” to serve as a mediator. A neutral is exactly what it sounds like, a neutral third party, customarily a retired judge or an attorney. They will listen to both sides of the dispute and attempt to work out a settlement between both people. The individuals involved do have the option of selecting a court-appointed neutral or a private neutral.

Notice of Assignment/Scheduling Mediation

After your neutral has been chosen, a Notice of Assignment is delivered to the neutral and anyone else involved. The plaintiff is then expected to reach out to the neutral to schedule a time and a place for the mediation to take occur.

Request for Continuance of Mediation

If both parties ask for a continuance of mediation prior to the mediation end date, the mediator is expected to allow the extension provided if it was requested for a good reason. Continuances that will drag out the mediation past the end date, however, will only be permitted with a court order at the request of one or both parties involved.

The Last Steps

Should the case be resolved prior to the scheduled mediation taking place, both individuals will be required to inform their mediator promptly and no later than two full days before their mediation was scheduled to begin. 

Your California business attorney will typically present a mediation brief before your mediation actually begins. Prior to this, you need to inform your attorney about all the weaknesses, strengths, and details of the case. If you are thinking about entering into mediation, having an experienced attorney from Leiva Law Firm is an excellent way to protect your interests.

Our business and civil attorneys can go over the details with you in a free case evaluation.

Schedule a free, no-obligation consultation today by contacting us at 818-519-4465 as soon as possible. Our attorneys speak both English and Spanish.


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