Mediation is a confidential, non-binding process in which a trained mediator facilitates communication between disputants and assists parties in reaching a mutually acceptable resolution of all or part of their dispute. The mediator is not the decision-maker and does not resolve the dispute -- the parties do. However a mediator is often able to more fully explore the parties' underlying interests, needs and priorities. Mediation is a more flexible process, which is less formal and may reduce the time and costs that are often associated with a trial.
The San Diego Superior Court Civil Mediation Program is designed to assist parties with the early resolution of their dispute. Parties may stipulate to mediation before or at the Case Management Conference, held approximately 150 days after filing of the complaint. The court maintains a panel of approved mediators who have met certain minimum qualifications and who are required to adhere to specific ethical standards.
Mediators on the court's panel have agreed to charge $150 per hour for each of the first two (2) hours of mediation and their regular hourly rate thereafter for court-referred mediations. Under this program, parties compensate the mediators directly, and mediations are conducted at the mediator's office unless other arrangements are made with agreement of all parties in the case. To search for and select mediators, click here.
Most civil cases are eligible for the program, with the exception of the following types of matters: probate, guardianship, conservatorship, family, juvenile, small claims, small claim appeals, unlawful detainer, class actions, and certain civil petitions. Superior Court Local Rule 2.3.7 addresses the Civil Mediation Program more specifically.
For more information about the court's mediation program, you can contact the Mediation Program Office at (619) 450-7478 or e-mail the ADR Administrator at email@example.com.
Successful applicants will be added to the Civil Mediation Panel in mid-January 2014 after they have completed all eligibility requirements and have attended a mandatory Mediator Orientation on Thursday, January 9, 2014 at noon in Department 73 located on the third floor of 330 W. Broadway, San Diego, CA 92101.
A proposed change to the San Diego Superior Court Local Rule 2.3.7 , if finally approved, would go into effect on January 1, 2014 and would increase the fee panel mediators may charge for unlimited cases to $250 per hour for the first two hours.