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Mediation is defined as a process where an impartial person assists others in reaching a resolution of a conflict or dispute.  It is the process through which a neutral mediator facilitates communication between disputants to assist them in reaching a mutually acceptable agreement. It is an informal, usually voluntary, confidential, flexible, and non-binding process in which an impartial person called a “mediator” helps the parties to understand the interests of everyone involved, and their practical and legal choices.  Nearly every civil case in California be submitted to mediation.  Although it is ancient process, many litigants are unfamiliar with the process and how important it can be as a corollary to litigation.

The first step in understanding mediation is to define its stages.  Although the parties, their counsel, and the mediator may conduct the proceeding however they see fit based on the case circumstances and their own preferences, mediation is commonly structured into the following thirteen pages:

It is important to note that private ADR, and private mediation, are largely recognized as separate from the Court.  That is because mediation is not viewed by all as the practice of law.  In fact, the American Bar Association has passed a resolution that unequivocally holds that mediation is not the practice of law.  If you litigate your case you will most likely, but not always, mediate with a private mediator who is affiliated with a private mediation company who has no formal or business relationship with the trial court handling your case.  Many individuals work as mediators on a full-time basis.  Therefore, mediation is widely viewed as its own independent profession, and not part of or corollary to the practice of law or the court system.  That is to say, when you mediate privately, you enter another world distinct from the trial court and your legal case.