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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.
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