Mediation Opportunities and Resources for Self-Represented Litigants

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Mediation Opportunities and Resources for
Self-Represented Litigants

• Cate Griffiths, RECOURSE Mediation Services
• Phone [phone]Email cate_at_recoursemediatio
  n.com
• Gloria Sanchez, Superior Court of California,
  Contra Costa
• Phone [phone]
• Email gsanc_at_contracosta.courts.ca.gov
• Jason Stein, Superior Court of California,
  Alameda
• Phone [phone]
• Email jstein_at_alameda.courts.ca.gov

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Agenda

• Thursday, April 29 145 P.M. 315 P.M.
• 145 P.M. Introductions
• 150 P.M. Overview of Civil Mediation
• 155 P.M. Types of Civil Mediation Programs
  Throughout the State
• 210 P.M. Spotlight on Innovative SRL Mediation
  Programs (Rural, Suburban, Urban)
• 250 P.M. Outreach and Mediation Program
  Materials

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Types of Mediation Available to Self-Represented
Litigants

• Civil Mediation -- Used for non-criminal and
  non-family cases. Examples are small claims,
  limited civil, general civil, evictions, civil
  harassment restraining orders. This is the kind
  of mediation discussed in this workshop. The
  mediator does not report to the court or anyone
  else what happens in the mediation.
• Family Law Mediation Used in divorce, custody,
  and child support cases. The Mediator might
  report what happens in the mediation to a judge
  or make a recommendation.
• Arbitration Is not mediation but is often
  confused with it. Arbitration is like a trial
  with the arbitrator taking evidence and making a
  decision about the case.
• Settlement Conference Is not a mediation but a
  court-supervised negotiation with a judge,
  commissioner, or judge pro tem presiding.
  Different standards of confidentiality apply.

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Civil Mediation programs generally available to
SRLs throughout the State include

• Community Mediation
• Court Mediation Panels
• Private Mediators

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Community Mediation

• 1. Low cost or sliding scale
• 2. Great for neighbor disputes,
  landlord/tenant, small claims, civil harassment,
  etc.
• Mediators come from a wide range of professions,
  not necessarily attorneys.
• Mediators range in experience from beginner
  (40-hours of training) to highly experienced.
• Some Community Mediation Programs may provide
  mediation on the day of hearing.

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Court Mediation Panels

• Mediators are usually attorneys and/or have a
  high degree of familiarity with the legal issues
  they mediate.
• Mediators must meet minimum requirements, apply
  and be appointed by a court committee.
• Initial hour/s may be free, followed by the
  mediators hourly rate.

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Private Mediators

• No minimum requirements in CA.
• Charge hourly, ½ day, or full day.
• Costs will be incurred but may be cost effective.
• May be attorneys, retired bench officers,
  counselors, or anyone.
• Experience and expertise will vary.
• Generally have an hourly minimum that would deter
  smaller cases such as small claims.

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Spotlight on Innovative SRL Mediation Programs

• Rural Sonoma County -- RECOURSE
• Suburban Contra Costa County
• Urban San Francisco SRL Mediation Program,
  Alameda SEEDS/CCDR

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SRL Mediation Workshop

• The following slides are samples of the Superior
  Court of California, County of Alamedas
  Self-Represented Litigants Mediation Workshop
  PowerPoint slides. This Workshop is presented
  online and in person.

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MEDIATION is

• A conversation about the case with the help of a
  mediator for the purpose of trying to resolve
  the dispute
• Voluntary
• Confidential
• Is not a trial all decisions are left to the
  parties
• Everyone gets a chance to talk
• Everyone should be willing to negotiate and be
  open to settling the dispute

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Mediation Has Advantages!

• Parties decide how to resolve the case
• Improves communication that may repair
  relationships
• Less risky than trial
• May get something a judge will not order (for
  example, an apology or each person being
  responsible for certain actions that a court
  cant order)

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Mediation Worksheet

• Questions to consider about the Dispute
• 3. Where you have different ideas on the
  understandings and agreements, do you have
  anything to support your belief such as industry
  standards, notes, receipts, witnesses, photos,
  etc.?
• 4. What are the greatest areas of disagreement?

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Mediation Worksheet

• Questions to consider about the Resolution
• 8. What do you think could be your best result?
• 9. What do you think could be your worst result?
• 10. How will you know when it is right to agree
  to and sign an agreement?

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Tips on Negotiations

• Prepare Failing to prepare is preparing to
  fail!
• Complete your Mediation Worksheet
• Make a check list of issues you want to discuss
• Identify who needs to attend the mediation
• Make a Mediation Brief, as appropriate
• Organize and bring any documents you think will
  help you talk about the problem. CAUTION you
  may wish to consult an attorney about legal
  reasons to include or exclude documents at the
  mediation
• Bring a pen and paper to take notes
• Bring something to eat and/or drink in case you
  get hungry or thirsty
• Get a good nights sleep

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At the Mediation

• Use listening skills
• Do not interrupt. Write down points you would
  like to remember to address later.
• Ask for what you want.
• Be able to explain what you want and why.
  Provide a breakdown of itemized costs and any
  damages you claim you suffered.
• Keep an open mind about solutions you may not
  have already considered.