As a mediator, Mr. Page will employ a variety of mediation styles including facilitative, evaluative, collaborative, transformational and storytelling. After impasse in the mediation session and with the consent of all parties, a written mediator’s recommendation may be available. Any mediator’s recommendation will have a 2-3 day deadline for acceptance, after which time the parties will be advised solely whether or not the dispute has settled.
Under most circumstances the parties will participate in a joint session. Joint sessions conducted in California shall be subject to Evidence Code §§ 1115-1128, including without limitation Evidence Code §1119(c): “All communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential.” The mediator is not empowered to order either party to accept or reject a proposal for settlement made in the course of a mediation. Mediations conducted in jurisdictions outside California may be subject to other laws.
Any meetings out of the presence of adverse parties (caucuses) shall be considered private and information shall be disclosed to adverse parties only with the consent of the parties and their counsel. In court sponsored mediations, the mediator will file a Statement of Agreement/Nonagreement with the court indicating that the mediation has been conducted and whether the dispute has been settled in whole or part.
The filing of briefs will be optional. Any briefs may be filed on a confidential basis, but should be marked as such in the caption.
No Legal Services
The mediator will serve as a neutral intermediary to facilitate communication, constructive negotiation and settlement of this matter. The mediator shall not represent or advocate the position of any party. Statements by the mediator, even regarding legal issues, do not constitute legal advice, but are mere statements of personal opinion. Any help by the mediator in the preparation of a settlement agreement (including the use of the Mediator’s agreement forms) will not constitute legal advice. Any settlement agreement should be independently reviewed and approved by counsel and the parties.
The parties will be provided with a scheduling letter containing detailed billing information and with a “conflicts disclosure under the standards of California law under California Rule of Court 1620, et seq.” The mediator invites any questions about the disclosure or any other questions that a party or counsel may have about his personal, professional or financial relationships with any party or counsel.