Binding Mediation: An Oxymoron?


We now have a new concept to add to the ADR lexicon — binding mediation. I know it sounds bizarre, how can mediation, a facilitative process to encourage the parties to voluntarily agree to settle a case, become a decision making process where the mediator dictates the terms of the settlement at the end of an unsuccessful mediation? Well, compliments of the parties and the California Court of Appeal in Bowers v. Raymond & Lucia Companies, 206 Cal. App. 4th 724 (2012), if the parties agree to binding mediation, the Court will enforce the mediator’s decision under California Code of Civil Procedure, Section 664.6...

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bruce Friedman, Friedman Mediation | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Bruce Friedman
Friedman Mediation

Bruce A. Friedman handles a variety of commercial disputes ranging from insurance disputes to class... View Profile »

Follow Friedman Mediation:

Reporters on Deadline

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.