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Q: What is mediation?
A: Mediation is a process for handling conflict in which two or more parties involved in a dispute meet with a neutral, third party mediator to discuss the issues and attempt to reach a voluntary agreement. The process is non-adversarial and informal, but structured.

Q: What kinds of disputes are suitable for mediation?
A: Any dispute in the civil arena has issues that can be mediated. Typical mediations deal with issues about business, real estate, the workplace, neighborhoods, landlords and tenants, homeowner associations, families, personal injury, or public policy. There may be legal issues and lawsuits in the case, or there may be no legal action pending or contemplated.

Q: What is the role of the mediator?
A: The mediator facilitates dialogue between the parties to help them develop their own resolution to their issues and concerns. Agreements reached are by mutual consent of all parties. Mediators do not take sides, impose decisions, or give advice.

Q: How does a case reach mediation?
A: Cases reach mediation in a variety of ways. Cases may be self referred by anyone who is involved in the dispute or by the counsel of any party. Cases also are referred by the courts, law enforcement, elected officials, and public agencies.

Q: How much does mediation cost?
A: The cost of mediation depends upon the kind of case and how it is referred to the San Diego Mediation Center. The standard rate for a mediation is $200.00 per hour, however, many issues qualify for County and City subsidized Community Mediation Program, which can be free. Cancellation fees, surcharges for large groups, and other fees may apply. Parties usually split the fee payment unless other arrangements have been made. VISA and Mastercard are accepted.

Q: Who participates in a mediation?
A: The participants in a mediation are the actual parties involved in the dispute. There may be only two parties, or there may be a large group of twenty or more. . It is not necessary to bring witnesses. If attorneys have been retained, they are encouraged to attend the mediation to advise their clients.

Participants should have full authority to settle the case at the mediation session.

SDMC must be advised during the intake process of all parties who will attend.

Q: What is the role of attorneys when present at a mediation?
A: Mediators work directly with the disputing parties who should be prepared to explain in their own words the nature of the dispute. Attorneys are encouraged to attend to advise their clients, clarify legal issues, and help with crafting any agreements.

Q: What materials should be brought to the mediation session?
A: Parties should bring any documents or materials that would be helpful in communicating issues and concerns to each other and to the mediator. Mediation is not a formal legal proceeding, so there is no need to establish official evidence for the record.

Q: Are mediations confidential?
A: Yes. Everyone present at the mediation signs a confidentiality statement before the mediation begins, acknowledging that the mediation is governed by California Evidence Code sections 1115-1128. The California statute provides that statements made during a mediation are confidential and inadmissible against another party in any subsequent non-criminal proceeding. Also, mediators are not available to testify as to what was said during a mediation.

Q: Are mediated agreements binding?
A: The parties can make their agreement binding by including a written statement that the agreement is binding and/or admissible in any subsequent civil proceeding. The San Diego Mediation Center has no enforcement powers and does not participate in overseeing the performance of any agreement.

Q: How long does mediation take?
A: Mediations can be scheduled in as little as ten days following the initial contact with the San Diego Mediation Center, depending upon the availability of parties and mediators. A mediation session normally lasts three to four hours. All participants attend the full session although there are typically several breaks and opportunities for private meetings with the mediator and/or with counsel. Most mediations are resolved in one meeting, but subsequent sessions can be scheduled by mutual agreement at the close of each session.

Q: How are mediations scheduled?
A: Contact the San Diego Mediation Center. A case coordinator will assist you in the scheduling of your mediation.

Q: How does SDMC select its mediator corps?
A: SDMC maintains a roster of over 200 trained and experienced mediators. A selection committee meets quarterly to assess program needs and to fill openings in the mediator corps from a waiting list. Interested candidates should send a letter and resume outlining their skills, training, and experience to the Mediator Selection Committee at SDMC, 625 Broadway, Suite 1221, San Diego, CA 92101.

With some exceptions, new mediators are chosen from among the approximately twenty annual graduates of the SDMC Mediator Credential, because these candidates have received the training, observation, and experience necessary to be effective mediators. General mediator skills that SDMC looks for are the ability to appear neutral, to listen well, and to guide disputing parties through a process that brings them to a resolution. Language skills as well as cultural and geographic diversity may be selection priorities during some screening periods.

SDMC mediators usually maintain their outside occupations and mediate for SDMC on an "as needed" basis. Some are more active than others. Over fifty occupations are represented in the mediator corps including education, engineering, business, mental health, medicine, and law enforcement.

New mediators generally are assigned as co-mediators with more experienced mediators in small claims cases and community cases. As mediators gain expertise, they may be given opportunities to serve on one or more special mediator panels such as: Court, Parent-Teen, Real Estate, Probate, or Workplace. Experienced SDMC mediators often mediate solo.
New SDMC mediators make a commitment to donate 10 hours per month for a one-year apprenticeship that includes ongoing monthly training. Traditionally, many SDMC mediators have stayed for years beyond the initial commitment.

Q: What is the SDMC Mediator Credential?
A: Offered to serious practitioners since 1993, the SDMC Mediator Credential is a certificate awarded to mediators who have demonstrated basic competency through a three-pronged curriculum: 30 hours of mediator skills training, a supervised experiential internship, and a detailed performance evaluation. The experiential component includes two observations and 8 mediations. Prior training and experience may entitle an applicant to a waiver of some or all of the first two components and an adjusted fee. There is no prerequisite educational background to apply for the SDMC Mediator Credential. Enrollment may begin at any time throughout the year based on availability. There is usually a waiting list to begin the program. Average completion time for the credential is nine months to a year.

Call (619) 238-2400 for an application and fee information.

Q: What if I’m not sure I want to apply for the SDMC Mediator Credential?
A: The first part of the credential, the training component, may be taken as a stand-alone activity that can apply towards the credential for up to two years. The training component is satisfied by SDMC’s 4-day (30 hour) Introductory Mediation Skills Training generally offered four different times during each calendar year. The course is open to the public. Enrollment is limited to provide opportunity for effective interaction between training faculty and enrollees.

Call (619) 238-2400 for current fees and schedules.

Q: Does SDMC ever pay its mediators?
A: The majority of SDMC mediators volunteer their services in return for the training and experience they receive through their affiliation with the San Diego Mediation Center. Thanks to these volunteers the San Diego Mediation Center is able to provide accessible community and Small Claims mediation services throughout the County.

SDMC also has a longstanding policy of providing mediator stipends when feasible. Stipends are paid to mediators on certain specialty panels where contracts and private client fees generate revenues that can be shared with the mediator. The Superior Court mediation program is one example where mediators are paid.

Q: What is the general outlook for the future of the field of mediation?
A: Mediation is making significant and stable progress as a recognized dispute resolution process, establishing a place for itself among the traditional methods of dispute resolution such as litigation, arbitration, and settlement conferences. The value of mediation is becoming apparent to the public and the courts as well as to business and community interests. The San Diego Mediation Center strongly believes in the future of mediation.

Q: Are mediators required to meet certain professional qualifications and standards?
A: There is not now, nor is there likely to be soon, a national standard required for mediators, although some states such as Florida have adopted state standards. In California, it is expected that eventually there will be a state standard that applies to mediators much as standards have been adopted for psychologists and other professional groups.

There is consensus in the field that even in this unregulated situation a responsible mediator has an ethical obligation to acquire sufficient training and experience before providing mediation services to clients. Guidance in the matter can be found in the report "Ensuring Competence and Quality In Dispute Resolution Practice,"1995, published by The Society of Professionals in Dispute Resolution (SPIDR) located in Washington, D.C.

Q: What are the career options for professional mediators?
A: Mediation is still an emerging profession, and quick career achievements are limited. Most private mediators who make significant income from mediating are doing so as an adjunct activity to an already existing problem-solving practice (e.g., engineering, financial planning, law, real estate, or counseling) that can divert a stream of clients into the mediation option. There are currently few, if any, places where one can apply for a job as a full time mediator.

 
 

San Diego Mediation Center
625 Broadway, Suite 1221 • San Diego ,CA 92101
Phone (619) 238-2400 • (760) 494-4728
Fax (619) 238-8041
contact@sdmediate.com

 
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