The Mediator is an impartial, neutral intermediary, whose role is to assist the participants in reaching a settlement by negotiation between and amongst themselves. The Mediator does not impose a settlement (he does not have the power of a judge or jury) but he will assist the participants in achieving their own mutually-satisfying settlement. The Mediator does not act as an attorney or advocate for or give legal, tax or other professional advice to any participant. Therefore, no professional-client or fiduciary relationship is created, or exists between any participant and the Mediator.
The Mediator incorporates three different “styles” of mediation. He is Evaluative, Facilitative and Dispositive. This means the Mediator will make in-depth inquiries of each of the parties and counsel about the facts of the case and the legal positions taken by the litigants. This is the Evaluative part. He then challenges each side to truly consider the strengths and weaknesses of each’s and the other side’s positions, periodically interjecting his opinion about those strengths and weaknesses. This is the Facilitative part. Then, finally, the Mediator tirelessly works each side over and over again, conducting “shuttle diplomacy”, reminding each side of the virtues of settlement and reminding them of the pros and cons of settling versus continuing with the matter. Most have chosen the former path, thereby reaching a mutually satisfying resolution of the dispute. This is the Dispositive part.
If you have mediation briefs, please submit them at least three (3) calendar days before the mediation in Microsoft Word or PDF format. If you have exhibits you would like the mediator to consider, please do not fax them; email or mail them to the mediator's office directly. Please note, at the mediation, all participants must sign an agreement, which maintains the mediation’s confidentiality.
A successful mediation necessarily involves the presence and participation of all decision makers and involved parties. Therefore, please make all necessary arrangements to have the appropriate individuals (attorneys and parties) attend the mediation in person.
The mediation is conducted pursuant to California Rules of Court Rules 1630 et seq., California Evidence Code Sections 703.5, 1115-1128, 1152 and other sections or successor sections of the California Evidence Code and any Federal law counterparts, if applicable, governing, among other things, the confidentiality of mediation proceedings. The Mediator may not testify in any proceedings pursuant to these statutes and the participants shall not seek to have the Mediator testify. Subject to certain limited exceptions set forth in the Evidence Code and case law, statements made during the mediation are confidential and are not admissible in any subsequent proceeding. However, written agreements reached by the parties in the course of the mediation may, under certain circumstances, be admissible in a subsequent proceeding. Post-mediation communications between the Mediator and any participant related to the mediation shall be confidential. In an effort to promote continued settlement discussions between the parties and the mediator, all participants hereto agree to waive the provisions of Evidence Code Section 1125(a)(5) which provides a mediation ends when there is no communication between the Mediator and any of the parties to the mediation relating to the dispute for a period of ten (10) calendar days. Further, the participants agree the Mediator may consult with colleagues about this matter and may describe this matter to colleagues for informational or educational purposes so long as the Mediator does not disclose the participants’ names or any other information which would specifically identify the participants.
The participants acknowledge they are free to consult an attorney at any time during the mediation process. In the event the dispute is settled, the participants should have the settlement agreement independently reviewed by the party's own counsel prior to signing it.