If you and the other party are unable to reach a full agreement at mediation, your case or unresolved issues will still be decided by the Commissioner or Interim Judge assigned to your case for minor applications on the day your hearing was originally scheduled. If you disclose your dispute before a small injury is filed, but you do not reach a full agreement, you can still file a small damage in court. Your claim may be timed, so you need to stay in touch with your lawyer or the Small Claims Council to find out when you need to submit your file. You can personally visit the Council of Small Claims in any court (except Ramona) or call (858) 634-1777. It`s a free service. Back to Top Mediation is a confidential, voluntary process in which a trained mediator acts as a neutral person, which facilitates communication between the parties and helps the parties reach a mutually acceptable solution to all or part of their dispute. The mediator is not the decision maker and does not resolve the dispute — the parties do. A mediator is often able to take a closer look at the parties` underlying interests, needs and priorities. Mediation is a flexible and less formal process that can reduce the time and cost of a formal attempt. If an agreement is reached, the parties can agree to make it legally enforceable. Unless otherwise stated in the Information Code or the California Act, any communication, negotiation or transaction in the context of a mediation or mediation consultation is confidential and is not authorized or subject to the obligation of discovery without the consent of the parties. Back up The Mediator is an impartial neutral mediator who is tasked with facilitating a discussion of each party`s issues and perspectives and helping them reach an agreement. The mediator will not impose an agreement, but will help the parties explore settlement options.
As a general rule, the Ombudsman does not communicate with the court unless the agreement or written designation of the parties is submitted. Back to Top Normally, the mediation of a small dispute lasts between 30 minutes and two hours. You should be prepared to discuss all relevant issues in your case. You should be prepared to state your position and listen carefully to the other side. Convincing and powerful communication is permitted, but courtesy and mutual respect are essential. Hostile or argumentative tactics will likely lead to position consolidation, thus preventing progress. Returning to better mediation may not be effective if one of the parties is not willing to cooperate or compromise. Mediation cannot be effective even if one party has a considerable power advantage over the other.