Mediation documents may contain photos, witness statements that will appear in court, formal notices or expert reports, etc. There is a summary presentation of the parties` respective issues and views, as well as factual/legal arguments that identify the strengths and weaknesses of the opposing position or positions. The Ombudsman (s) will check the pre-intermediation documents in order to familiarize himself with the questions and arguments and thus facilitate the treatment. The exchange of information and the results of mediation are treated confidentially, either by explicit consent or by law, so as not to jeopardize the process if mediation fails. The California Code contains extensive provisions for mediation and/or mediation of many types of disputes. Labour disputes are dealt with in sections 65, 66 and 3518. Family conflicts are dealt with in sections 5180 to 5183. Education questions are covered by 48260.6, 48263, 48263.5 (teaching) and 56503 (specialized pedagogy). There is even a specific provision for the resolution of cable television franchise disputes at 53066.1 (n) (1). Environmental disputes, including pesticide issues, are covered in point 13127 (c) (1).
Water disputes are dealt with at 1219. Community commercial or professional disputes range from 465 to 471.5. 3. Role of the mediator: the mediator acts as a neutral intermediary. Mediators help parties identify problems, remove barriers to communication, maximize research on alternatives and conclude voluntary agreements. Those who go through formal mediation reach a solution through mutual compromises. For this reason, mediation can be particularly useful or appropriate if the parties have an ongoing relationship (neighbours, business partners, parents of outgoing minor children, etc.) and do not want this relationship to be destroyed by the adversarial process. In addition to being less adversarial than court proceedings or arbitrations, mediation tends to be less costly, faster and requires mutual agreement from all parties to reach an agreement. No one can be “forced” to settle down.
8. Mediators in relation to the CMS direct the mediation for which CMS is compensated at the rate indicated by the CMS pricing system or, in the case of family mediation (divorce/retention), by the civil court. Payment must be made at the end of the meeting, unless prior arrangements have been made. One client said that when we discussed mediation as a way to resolve the issue. “If we could fix this, we wouldn`t even have gone to lawyers.” This is a very good point, but it lacks the essential differences in the mediation process. One of the most established intermediation providers, such as the American Arbitration Association (AAA) or JAMS, provides trained mediators.