What is the process of mediation?
Mediation is a form of alternative dispute resolution (ADR) in California that is used to resolve disputes between two or more parties in a civil or criminal court case. Mediation is a voluntary process that typically begins with an agreement between the parties to meet with a neutral third party known as the mediator. The mediator helps the parties to reach an agreement that is acceptable to everyone involved. The mediator is impartial and does not make decisions for the parties, but rather assists them in negotiating a settlement that is satisfactory to all involved. The mediator does not decide who is right or wrong in a dispute and is not permitted to provide legal advice. The process of mediation begins with the parties agreeing to attend a meeting to discuss the dispute. During the mediation, each party will have an opportunity to explain their case, present evidence, and discuss possible solutions. The mediator will facilitate the negotiations and will attempt to bridge any gaps in understanding between the parties. After both parties have presented their cases, the mediator will work to create an acceptable resolution that meets the interests and needs of both parties. Both parties must agree to the resolution before it is finalized. Once the agreement has been reached, the parties will sign a contract that outlines the terms of the settlement. Mediation is a beneficial form of ADR because it is often faster and less expensive than traditional court proceedings. It also allows the parties to control the outcome of the dispute instead of leaving it to a judge or jury.
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