What are the differences between private and court-ordered mediation?

Mediation is a process of conflict resolution where both parties in a dispute meet to try and reach an agreement. In California, mediation can be either court-ordered or private. The differences between private and court-ordered mediation are as follows. First, private mediation is voluntary and both parties must agree to participate. This means that either party can walk away from the session at any time. In court-ordered mediation, a judge orders both parties to attend and the agreement cannot be reached until all terms are settled. Second, the cost of private mediation is usually paid by the two parties, while court-ordered mediation is typically paid by the government. Third, the mediator in private mediation is usually someone the parties have chosen. In court-ordered mediation, the mediator is usually assigned by the court. Fourth, the agreement reached in private mediation is only enforceable if both parties decide to accept it. In court-ordered mediation, the agreement is enforceable by a court order even if one party does not agree with it. Finally, the duration of private mediation depends on the parties. Court-ordered mediation sessions are usually limited to a certain amount of time and the mediator usually has discretion in regards to the amount of time they will spend on the dispute. In conclusion, there are several differences between private and court-ordered mediation, including the cost, the mediator, the enforceability of the agreement, and the duration of the session.

Related FAQs

Can a mediator impose a settlement on the parties?
How can I make sure that I am getting a fair outcome in a mediation?
Is mediation confidential?
What types of agreements can be reached through mediation?
Are there any risks of using mediation?
What is mediation law?
What types of confidentiality issues can arise in mediation?
How can parties prepare for mediation?
What are the benefits of using mediation in a legal dispute?
What are the procedural rules for mediation?

Related Blog Posts

What is Mediation Law and How Does It Work? - July 31, 2023
Exploring the Benefits of Mediation Law in Settling Legal Disputes - August 7, 2023
A Primer on the Varied Types of Mediation Law - August 14, 2023
Keeping Up-to-Date on the Latest Mediation Law Regulations - August 21, 2023
The Principles of Fairness and Equity in Mediation Law - August 28, 2023