Binding Mediation: An Oxymoron?

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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...

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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.

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