is a process in which a neutral mediator seeks to facilitate mutually acceptable resolutions to disagreements between parties. Because of the economic and social importance of enabling parties to resolve their disputes, the law protects the mediation process as a confidential process. In the ordinary course of events, nothing that is said at a mediation can be used against the party saying it in subsequent litigation. Participating parties can also communicate to the mediator information that such party asks me to keep confidential from other participants, and I will do so.
I conduct mediations to resolve their disagreements pursuant and under the authority of Califorina Evidence Code, Division 8, Chapter 2 “Mediation”, Sections 1115 to 1128 inclusive. The confidentiality provisions found there are stated below in abbreviated form:
No evidence of anything said ... in the course of ... a mediation ... is admissible (as evidence) in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding ... Evidence Code Section 1119(a).
No writing (as broadly defined by Evidence Code Section 250) that is prepared for the purpose of, in the course of, or pursuant to, a mediation ... is admissible ... in any arbitration, administrative adjudication, civil action, or other noncriminal proceeding ... Evidence Code Section 1119(b).
All communications, negotiations, or settlement discussions by and between participants in the course of mediation ... shall remain confidential. Evidence Code Section 1119(c).
I charge the following for my mediation services:
Scheduling, preparation and review of mediation briefing:- no charge Half day charge (4 hours)$ 375 per party Whole day charge (8 hours) $ 625 per party Follow up proceedings, hourly charge $ 150 per party The anticipated half or whole day charge must be deposited with me no less than 7 days before the mediation. A 50% cancellation charge is applied for all mediations cancelled 3 days or less before the mediation.
I ACCEPT VISA, MASTERCHARGE, AND DISCOVER
Do you have a question about the mediation process? (Be sure to add your e-mail address - I cannot reply to you without it.)