Helpful mediation definitions and comments:

1. Definition of MEDIATION/MEDIATOR: California Evidence Code §1115 explains:
   1. “Mediation” is a process in which a neutral person or persons facilitate communication between disputants to assist them in reaching a mutually acceptable agreement.
   2. “Mediator” means a neutral person who conducts a mediation. “Mediator” includes any person designated by a mediator either to assist in the mediation or to communicate with the participants in preparation for a mediation.
   3. “Mediation consultation” means a communication between a person and a mediator for the purpose of initiating, considering, or reconvening a mediation or retaining the mediator.
2. DUTIES OF THE MEDIATOR:
   1. Assist the parties in coming to a fair and balanced agreement. The MEDIATOR has a duty to ensure that the mediation process is a balanced exchange between all Parties. This may require that the MEDIATOR intervene in order to prevent any manipulative or intimidating techniques. As a result, it may appear that the MEDIATOR is favoring one Party over another Party. However, the MEDIATOR’s actions are always intended to protect the integrity of the mediation process for the the parties.
   2. Provide the parties with legal information that will help the parties in making their own decisions. After the MEDIATOR explains the law, the parties may choose to make an agreement that is based upon their own personal considerations rather than relying on what the law may dictate. If the parties decide to base an agreement on their own situational needs, rather than on what the law dictates, the MEDIATOR shall state this choice explicitly in any written agreements that the CLIENT reaches.
   3. Foster a creative problem-solving environment. The MEDIATOR has a duty to proposed creative solutions and alternatives and make suggestions in order to help CLIENT in making their decisions.
3. NON-DUTIES OF THE MEDIATOR:
   1. The MEDIATOR cannot make any binding rulings on the parties disputed issues. The MEDIATOR’s role is very different than that of an arbitrator or judge.
   2. The MEDIATOR has a duty not to provide legal advice to any individual Party. The MEDIATOR does not represent or advocate on behalf of any one Party. Rather, the MEDIATOR is neutral and seeks to help all parties resolve their disputed issues without court supervision or decree.
4. DUTIES OF THE PARTIES:
   1. The Parties have a duty to recognize the voluntary nature of the mediation process. The Parties have a duty to recognize that their participation in the mediation process is voluntary. Therefore, by participating in the process, the Parties are agreeing to make a good faith effort to participate fully in the mediation in order to reach resolution.
   2. The Parties shall provide full disclosure. The Parties have a duty to fully and honestly disclose all relevant information and writings as requested by the Mediator. The Parties also have a duty to fully and honestly disclose all information requested by any other Party, if the Mediator determines that the requested information is essential to a successful resolution of the disputed issues. In family law mediation cases, the Parties acknowledge they have a legal duty to fully, honestly and accurately disclose all income, assets and debts to each other.
   3. The Parties shall recognize that they control their own destiny. The Parties have a duty to reach their own conclusions and tailor their own solutions with assistance from the Mediator.
   4. The Parties shall mediate in good faith. The Parties have a duty to work in good faith toward reaching their perceived best and fairest agreement.
   5. The Parties shall focus on the future, not the past. The Parties have a duty not to let past disagreements and difficulties contaminate their best efforts to reach agreement for the future.
   6. The Parties shall withdraw from mediation if an impasse is reached. The Parties have a duty to withdraw from the mediation if they are no longer able to participate in the mediation process in a meaningful and cooperative way.
5. GENERAL RULE OF CONFIDENTIALITY: California Evidence Code §1119, explains how evidence and communications presented in mediation is protected by MEDIATOR confidentiality as follows: §1119 – General Rule of Confidentiality
   1. No evidence of anything said or any admission made for the purpose of, in the court of, or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.
   2. No writing, as defined in Section 250, that is prepared for the purpose of, in the course of, or pursuant to, a mediation or a mediation consultation, is admissible or subject to discovery, and disclosure of the writing shall not be compelled, in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding in which, pursuant to law, testimony can be compelled to be given.
   3. All communications, negotiations or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential.

For more information on mediation or how our lawyers can facilitate the mediation process,� contact� Miller & Associates. We can help you determine the type of dispute resolution that best fits your situation.