As a successful mediation necessarily involves the presence and participation of all decision makers and involved parties, we encourage you to arrange to have the appropriate individuals attend the mediation. All participants in the mediation will be required to sign an agreement which, among other things, maintains the confidentiality of the mediation. A sample of our standard Confidentiality Fee Agreement is available at the bottom of this page.
What to Expect During Mediation
Our goal at CERVERIS MEDIATION is to provide a comfortable, safe environment in which the parties can engage in a mutually beneficial analysis and discussion of the issues in dispute. We strive to provide mediation participants the tools needed to make informed, intelligent decisions about how disputes can be resolved.
In preparation for the mediation we encourage counsel to provide concise, but thorough mediation briefs outlining the factual and legal disputes at issue. We also suggest bringing to the mediation discovery responses, deposition transcripts, proposed jury instructions, witness statements/declarations and any other demonstrative evidence that may be helpful in the evaluation of the case.
We encourage counsel to bring, or provide in advance, long-form settlement agreements (in electronic format for ease of editing) to facilitate the consummation of a resolution. Our office provides a short-form “Stipulation for Settlement” document in the event a long-form agreement is not available.
To comply with California mediation confidentiality statutes, everyone participating in the mediation will be required to sign a Mediation Confidentiality Agreement (a copy of our Agreement is available on this website).
We begin the mediation by providing parties separate rooms (usually on different floors). Private introductory discussions take place in which those unfamiliar with the process are introduced to mediation. We do not typically begin with “Joint Sessions” in which all parties are brought together, however, Steve encourages dialogue during mediation either among counsel, or among some or all of the participants involved. These “joint discussions” only take place if all involved agree to participate. Many disputes are rooted in miscommunication, misunderstanding or lack of communication. Mediation offers parties a safe, confidential environment in which these issues can be addressed, discussed and ultimately resolved.
The mediation is typically separated into three phases:
(1) Gathering and exchanging information;
(2) Evaluating and Analyzing disputed factual and legal issues; and
(3) Facilitating negotiation between the parties during which any and all avenues of resolution are discussed.
Mediations are often time-consuming. An average mediation takes about eight hours, but they can take longer. Please try to arrange your schedule accordingly or let your counsel and our offices know in advance of any scheduling conflicts you may have. Also, please be prepared for “downtime” when the mediator is engaged in discussions with other parties and counsel. Our office provides Wi-Fi access, reading material and television access, however, you may want to bring your own reading material or other things to work on during the day.
In addition to our comfortable offices, we also have beautiful outside garden-setting seating areas. Lunch is provided during full-day mediations. We also have snacks and beverages available throughout the day.
Click here to view or download Confidentiality Fee Agreement.