What happens in mediation?
Although every mediation is different, a mediation is simply a negotiation, assisted by a neutral mediator. The mediator has no bias against or any interest in the parties, their positions or the outcome of their dispute.
The mediator does not decide any aspect of the dispute, nor does s/he communicate with the judge or arbitrator(s) who are responsible for deciding the dispute. Although a mediator may during the course of a mediation provide an evaluation of possible litigation outcomes, that is not binding upon the parties. The mediator can only assist the parties in reaching an agreement that each of them voluntarily accept.
Before a mediation session, the parties’ counsel and the mediator will discuss appropriate procedures, such as the presentation of evidence and legal argument or whether the mediation should include a joint session with all parties or just private caucuses with each side separately. A mediation can and should be tailored to fit the parties’ needs and interests.
I would like to discuss settlement but want to make sure that nothing I say will be used against me or hurt my case. How do I know that a mediation will be confidential?
Under California law, mediation proceedings are confidential. See Cal. Evid. Code, §§ 703.5, 1115-1129. As a result, before your mediation starts, all participants will be required to sign a Confidentiality Agreement.