Mediation | Arbitration | Early Neutral Evaluation

Mediation

Mediation is essentially professionally assisted negotiation. It is a voluntary, non-binding process using a neutral third party to facilitate a negotiated settlement. The role of a Mediator is not to convince one side or the other to change their attitudes about a case, but to assist the parties in identifying and exploring issues that may be contested and possible “win/win” results that may be overlooked if the case were to proceed in the litigation process. Moreover, mediation is confidential; meaning simply that information shared in the mediation process may not later be used in trial against either side. This allows the parties in mediation the opportunity to be uniquely frank with one another in a good faith effort to resolve the dispute. Evidence Code Sections 1115 through 1128 and Section 703.5 govern mediation confidentiality.

Counsel participating in the mediation process should be familiar with these Evidence Code sections and the case law interpreting and limiting the application of these provisions. HRchaeology, Inc. offers a specialty in mediation within a company between employer and employee, including the resolution of disputes in a continuing employment situation.