Discovery
All relevant information is to be exchanged by the parties in advance of the mediation session to assist all parties in making realistic informed settlement decisions during the mediation.
At the Mediation
The mediation will begin with a joint session involving all participants. Please be prepared to summarize your viewpoint and hear other perspectives. The goal is not to prove your case, but to clarify your views for decision makers among the other parties while educating the mediator. Later in the session, the mediator may use private caucuses with each party. In caucus, information can be discussed and creative solutions explored which may assist in working toward a resolution. The mediator will help each party confidentially evaluate their realistic options for resolution.
Attendance
In order to maximize the opportunity of settling your case we ask that all parties, including insured defendants (if a contribution or consent might be required), counsel, insurance representatives or other necessary decision-makers be present (pursuant to California Rules of Court, Rule 1534) with their calendars cleared for the day.
Discovery
All relevant information is to be exchanged by the parties in advance of the mediation session to assist all parties in making realistic, informed settlement decisions during the mediation.
Briefs
Briefs are not mandatory but can be helpful to the mediation process if they are factually informative, rather than adversarial, and identify significant legal issues. Please mail them five (5) days prior to the mediation. Please do not fax exhibits. The time spent reading briefs and exhibits will be billed at our hourly rate.
Confidentiality
All statements made in the course of mediation are confidential (Evidence Code Sections 1115 through 1128. All parties will agree that any statements made or information disclosed to the Mediator is confidential and that disclosure cannot be compelled (Evidence Code Section 703.5)
Publication
By attending this mediation session, unless notified to the contrary prior to the mediation session, all participants authorize the Mediator to describe this matter to colleagues for educational purposes, and to publish the fact pattern and results of this mediation, provided no disclosure is made of the participants' names or any other information which would specifically identify the participants.
