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California case law on Mediation issues is in flux. A statute has been enacted in California mandating mediation of common disputes. Since January 1, 1998 in several California law codes were amended. They define mediation and govern mediation in the fields of civil actions, insurance, the environment, family, labor-management, community, agency actions, etc.
California law protects the confidentiality of mediation. The law protects any communication made in the course of the mediation. It includes all discussions and materials. There are some exceptions to this, particularly in cases involving Domestic Violence. The Mediation Program utilizes trained mediators from diverse backgrounds. At the present time any individual or company prefers to resolve most disputes with the help of private mediation, which is usually the best alternative to the resolutions in courts.
Alternative Dispute Resolution becomes central in todays America; it has low costs and reduced delays. It also has several forms, including arbitration and mediation. During arbitration neutral party analyzes all the fact and makes a final decision, like a judge in court. In the process of mediation all conflicting parties are present and participate in resolution of the dispute. The private mediation solves disputes without court proceedings; it is a private and informal way of resolving common disputes.
Mediation process is much faster then court resolutions that can last for years. Mediation can be arranged in a matter of weeks or days and it doesnt require much financing. All parties have the complete control of the decision. The mediator guides the dispute and the parties to the mutually satisfying (a win-win) decision but he cannot impose the decision. California mediation confidentiality law provides a "bright line" rule excluding evidence of what is said and done at mediation, and rendering the mediator an important extrinsic policy. If the decision cannot be reached during mediation, the parties should agree for the next step and proceed to litigation or arbitration.
Mediation can be applied to every case of common disputes because its only difference from the juridical process is easiness. Some disputes are appropriate for Alternative Dispute Resolution. This disputes concern business partners, health care providers, family members, neighbors, and people involved in business or personal relationships. Many different things are going on under the ADR label; it stands for almost anything from the most general way of life an orientation to settlement to the range of specialist techniques marketed by private corporations for disputes in the commercial sphere ADR itself turns out to be a fugitive label, attached to a disparage group of evolving practices. Patient Issues, Dissatisfaction Issues, Managed Care Issues are common and frequent cases subjected for mediation. These disputes involve competency and business complaints.
Employment Issues are also subjective to mediation of disputes involving sexual harassment, discrimination, and questionable termination. Intra-System Economic Issues deal with negotiations of already existing or new agreements between companies, businesses or individuals. Ethical Issues deal with disputes on life support, religious discrimination. Some lawyers misinterpret the nature, boundaries and utility of mediation. California Law Codes distinguish mediation from the legislative scheme instruct trial courts in how to use mediation to end litigation. The Law encourages private resolution of disputes through favoring mediation.
The current paradigm does not necessarily suggest improving the government system; rather, it focuses on making Alternative Dispute Resolution procedures better. The mediation procedure is considered a great improvement compared to the court procedure. The task of the mediator is to see the possibilities and assist the parties to find a mutually acceptable resolution. The resolution found through mediation process is less emotionally stressful and financially strained. Bibliography: Abel, L, Contradictions of Informal Justice, The Politics of Informal Justice, Volume 1: The American Experience. Academic Press, New York, 1982 Ganshof, F.
L. Charlemagne and the Administration of Justice, Frankish Institutions under Charlemagne Little, Craig and Sheffield, Christopher, Frontiers and Criminal Justice: English Private Prosecution Societies and American Vigilantism in the Eighteenth and Nineteenth Centuries American Sociological Review, Palmer, Michael and Roberts, Simon, Dispute Processes ADR and the Primary Forms of Decision Making. Butterworth, London 1998
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Research essay sample on Alternative Dispute Resolution Law Codes
