Are there any laws governing the Mediation process?
Yes, there are laws governing the mediation process in California. In California, the State Bar regulates the process of mediation, with the California Code of Civil Procedure containing statutes related to this type of dispute resolution. Mediations are considered confidential proceedings, meaning that all parties involved, as well as their attorneys, are prohibited from disclosing any information they learn during the proceedings. Mediations are also conducted by a neutral, third-party mediator who is responsible for helping the parties involved reach an agreement without taking sides. The mediator has the authority to propose possible solutions to the parties involved, but cannot make decisions on their behalf. California also has laws governing the cost of mediation, which is usually split among the parties involved. The mediator generally charges an hourly fee for their services, and each party must pay their own attorney fees. Other costs, such as expert witness and court reporter fees, may also be a part of the cost. Additionally, certain state laws may require the court to order the parties to use mediation as a way to reach an agreement. In sum, California has clear laws governing the mediation process, including costs, confidentiality, and the involvement of a neutral third-party mediator. It is important to understand these laws, as they can provide valuable guidance and protection for the parties involved.
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