What is a mediator?

Question

Fresno, CA asked on June 10, 2024 in Divorce and Family Law for California

James L. Arrasmith · Answer

Under California law, a mediator is a neutral third party who facilitates communication and negotiation between disputing parties to help them reach a voluntary agreement. Key points about mediators in California include: 
 
1. Impartiality: Mediators must remain impartial and not favor one party over another. 
 
2. Confidentiality: Mediation proceedings are generally confidential, and mediators are required to maintain the confidentiality of communications made during the mediation process. 
 
3. Qualifications: While there are no specific licensing requirements for mediators in California, many mediators are experienced attorneys or have undergone specialized training in conflict resolution. 
 
4. Role: A mediator's role is to assist the parties in reaching a mutually acceptable resolution, not to make decisions or impose solutions on the parties. 
 
5. Voluntary process: Mediation is typically a voluntary process, and parties are not required to reach an agreement. 
 
6. Types of disputes: Mediators can help resolve various types of disputes, including civil, family, and workplace conflicts. 
 
In California, mediation is often used as an alternative to litigation, as it can be less formal, less expensive, and less time-consuming than going to court. The California Evidence Code and the California Rules of Court provide guidelines for the mediation process in the state.

Q: What is a mediator?