What is Mediation?
Mediation is a confidential process in which a neutral mediator helps parties negotiate a resolution. The parties decide whether to settle and on what terms.
How is Mediation Different from Arbitration or Court?
A judge, jury, or arbitrator decides the outcome; a mediator does not. Mediation keeps settlement decisions with the parties and allows flexible solutions that may not be available in court.
Do Parties Have to Meet Face to Face?
No. Mediation commonly uses separate sessions and shuttle diplomacy, with the mediator serving as a neutral go-between. This structure often reduces tension and supports more candid discussion.
Can the Mediator Rule on the Dispute?
No. Unlike a judge or arbitrator, the mediator has no authority to rule on claims, decide who is right or wrong, assign fault, or impose a solution. The mediator facilitates negotiation and helps the parties evaluate risks and options.
Can Mediation Occur Before a Lawsuit is Filed?
Yes. Mediation can be effective before filing, early in litigation, after discovery or motion practice, or as trial approaches.
Where do Mediations Take Place?
Mediations may be conducted in person in Santa Ana or another agreed Orange County location, or remotely by Zoom.
Who Attends the Mediation?
Attendance typically includes the parties and their counsel, if represented. The participants should be identified in advance, and each side should ensure that a person with authority to settle is available throughout the session.
What Materials Are Required Before Mediation?
Preparation is tailored to the matter. The mediator may review written submissions, informal summaries, or other materials sufficient to understand the dispute and its context. The goal is informed discussion rather than exhaustive discovery.
What Happens If the Case Does Not Settle?
Yes. Many matters settle after the session as the parties reassess the risks, alternatives, and settlement options identified during mediation.
Is Mediation Confidential?
Yes. California law generally protects mediation communications from disclosure and later use, subject to limited statutory exceptions. The Confidentiality and Mediation Privilege subpage provides a fuller explanation.
How Long Does Mediation Take?
Mediations are ordinarily scheduled on a half-day basis with a four-hour minimum or on a full-day basis, depending on the complexity of the dispute and the number of parties.
How Are Mediation Fees Handled?
Fees are generally shared equally unless the parties agree otherwise. Rates are agreed-upon in advance; see the Mediation Fees subpage for session options.
What Types of Disputes Do You Mediate?
David mediates civil litigation, business and commercial disputes, real estate matters, estate and trust disputes, and employment-related conflicts.
How Do We Schedule a Mediation?
Parties or counsel may contact David by phone or email to request available dates. It is helpful to provide the nature and status of the dispute, the preferred half-day or full-day format, and whether the parties prefer an in-person or Zoom mediation.