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Mediation - Is this for me?
What is Mediation?
Mediation is a process of dispute resolution, facilitated by a mediator, designed to help parties resolve their own dispute without going to court. A mediator is a trained facilitator, and is neutral and independent of the parties and their dispute. She or he hears both sides of a problem, and helps the parties achieve a satisfactory resolution of their dispute. Mediators provide a confidential forum, encourage discussion, and are not limited by rules of evidence and procedure governing court and arbitration proceedings. No decisions are imposed by mediators. Instead, mediators help people make their own decisions about what solutions will work best for them.
What are the differences between litigation, arbitration and mediation?
In litigation and arbitration, someone makes a decision for the disputing parties. In mediation, the disputing parties mutually consent to their own agreement. In litigation and arbitration, typically, the disputing parties are represented by an advocate. In mediation, the disputing parties typically represent themselves. However, they may be assisted by legal counsel, experts, and consultants. Mediation is not a settlement conference. The goal of mediation is to find a mutual resolution to the disputed matter with all parties.
What are the advantages of mediation?
Mediation saves time, money and minimizes hostilities while maximizing good-will and cooperation between parties. The mediation process provides a positive environment, a pro-active problem solving approach and a confidential forum for discussions.
What is the mediation process?
Essentially, mediation is a process of both sides sitting down with a mediator for the purpose of discussing issues related to a conflict with the goal of finding a resolution to the conflict. The mediator acts as a neutral facilitator during the process. This involves listening to all parties, keeping the course of discussion on track, asking questions that facilitate the discussion, and making suggestions that facilitate reaching a resolution.
Is it confidential?
Yes! What is said in mediation stays in mediation. All participants will be asked to sign a Confidentiality Agreement. All communication, written documents, agreements, professional consultations, and work analyses are of a confidential nature between the parties and the mediator. The Confidentiality Agreement specifies that the parties will abide by California Evidence Code Sections 1115-1128. Of note, Section 1119 specifies:
(a) No evidence of anything said or any admission made 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 evidence shall not be compelled, in any arbitration, administrative adjudication, civil action, or other non-criminal proceedings in which, pursuant to law, testimony can be compelled to be given.
(b) No writing 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 non-criminal proceeding in which, pursuant to law, testimony can be compelled to be given.
(c) All communications, negotiations, or settlement discussions by and between participants in the course of mediation or a mediation consultant shall remain confidential.
Are there rules?
Yes! 1) One person speaks at a time. 2) No name calling. 3) Be on-time.
How will the mediation take place?
Place & Time: A representative from the CAI Mediation Committee will contact all parties to establish a place and time for the mediation.
Mediation Rules: At the mediation, the Mediator will provide an explanation of the Mediator’s role, in addition to the rules, policies, and procedures to be followed in the mediation.
Mediation Summary: Prior to the mediation, each participant will be contacted by a mediator and either interviewed briefly over the phone or asked to submit a mediation summary form outlining the nature of the dispute.
Parties Statements & Witnesses: Mediation is a structured but not highly formal process, and each party will be encouraged to speak openly regarding the issues. At the beginning, each party will be given an opportunity to make an opening statement following which the Mediator will ask questions and begin the process towards finding a resolution. Participants may invite witnesses, experts, legal counsel, and other pertinent parties or individuals, but it is not necessary to do so. Participants should notify the Mediator of all individuals planning to attend the mediation session. In mediation, importance lies in communication . . . communicating your concerns clearly to the other party, and just as important, listening to their concerns as well.
Finding An Agreement: The Mediator is not empowered to make a decision in the case or impose a resolution. The Mediator will attempt to point out common ground and help the parties create options for resolution. However, it will be up to the participants to select what solutions will work best for resolving the conflict. For this reason, the mediation should include principals representing each party that are empowered with sufficient decision making authority to resolve the dispute. If the parties reach a consensus for resolving the dispute, the Mediator will assist the parties in writing out their agreement. A written agreement signed by the parties at the conclusion of the mediation may prevent future conflict or confusion.
Fee Schedule:
Member Rate Non Member Rate
Fee to mediator(s): $150 $150
Fee to CAI: $ 25 $ 50
Total hourly mediation fee: $175 $200
* Two Hour Minimum
- Be advised that there is an administrative fee in addition to these prices which is an industry standard. As it typically takes more than an hour of mediator time to convene mediation, and some don't ever happen; the mediator is not compensated for those. Given that no driving time is charged within Orange County, and the mediator typically must set aside 3-5 hours for each mediation, the two hour minimum is a standard practice, and the CAI fees are a fraction of what you would pay at JAMS, or similar mediation panels.
What if I have more questions?
Simply call the CAI Orange County Regional Chapter office at:
(714) 479-1022 | 
