Who Says Court-Connected Mediation is Legal?


Does the Superior Court of California have inherent authority to refer civil cases to a mediation program? Well, yes and no. Mediation, by its nature, is a voluntary process. However, the court does have authority to refer certain civil cases to mediation. The systems design of a dispute resolution program incorporating court rules and procedures, the identification of appropriate referrals, the timing of the referral and mediation, and the needs of the parties is the key to implementing an effective mediation program.

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Published In: Alternative Dispute Resolution (ADR) Updates, Civil Procedure Updates, Civil Remedies Updates

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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Ed Johnson specializes in collaborative problem-solving, facilitation, and mediation of disputes... View Profile »

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