Select your state

Civil litigation

mediation

Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In California, mediation is a widely used alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. Mediation can be used in a variety of civil cases, including family law, personal injury, employment disputes, and business litigation. California courts often encourage or require mediation as a step before proceeding to trial. Under California law, specifically the California Evidence Code (Sections 1115-1128), communications during mediation are confidential and cannot be disclosed in court, with very limited exceptions. This confidentiality is designed to promote open and honest dialogue between parties to facilitate resolution. If parties cannot reach an agreement through mediation, they retain their right to have the dispute resolved by a judge or jury at trial.

Legal Articles

State Statutes

Legal Services for Less than 99¢ a Day

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil litigation

mediation

Legal Services for Less than 99¢ a Day

Articles

California State Code

Civil litigation

mediation

California State Code

Articles