Tuesday, July 29, 2014

Mediation

Mediation is a voluntary, informal, confidential process in which the Mediator, a neutral third party, facilitates settlement negotiations. The Mediator improves communication by and among the parties, helps parties clarify fact, identify legal issues, explore options and arrive at a mutually acceptable resolution of the dispute.

All parties to the dispute may voluntarily agree to submit the case to a neutral Mediator, either through a court-appointment or through a private arrangement. A Stipulation and Order to Mediation form may be filed with the Court at any time up to 15 calendar days prior to the Case Management Conference (CMC). The parties may choose either of the following Mediation Choices:

  • Private Mediation - Parties to a civil action agree to mediate their dispute with a Mediator of their choice without court assistance. The cost of Mediation must be borne by the parties equally unless the parties agree otherwise. Parties will be charged an amount as set by the Mediator (refer to the Mediation Panel List for current rates).
  • Court Mediation - Upon stipulation of the parties, a Mediator and alternate Mediator will be selected from the court-approved list of neutrals (ADR Panel List). The Court will confirm the selected Mediator and notice parties by mail.

The Mediator is responsible for contacting the parties to confirm a date, time, and place for Mediation. Mediators on the court's approved ADR Panel List have agreed to provide up to three (3) hours of pro-bono mediation. In the event the Mediation extends beyond 3 hours and parties determine it would be beneficial to continue the Mediation process, the parties will independently be responsible for compensating the Mediator in an amount set by the Mediator.

For further information, contact the Mediation Unit at 916-874-2161 or 916-874-5522. You can also e-mail us at ADR@saccourt.com.