FAQ for the MEDIATOR​

What are MCLA's Requirements to qualify for the select panel?

• Education: Undergraduate bachelor’s degree from a regionally or nationally accredited university. Plus a JD Degree from an accredited Law School.

• Good standing with the State Bar of California for not less than 10 years with no adverse complaints.

• Mediator Training and Education: A minimum of 40 hours from providers recognized by MCLA; CE or CLE focused on mediation specific topics will be accepted. Training must include at least 30 hours of basic mediator training that meets all MCLA curriculum requirements, and at least 10 hours in role play or mediation simulation experience.

• Mediation Experience: Panelists must be able to substantiate that they have mediated a minimum of 10 cases.

• Ethical Requirements: Panelists will certify that they have read, and will abide by, the ethical standards used in court mediation programs as stated in the California Rules of Court, Chapter 3, Articles 1 and Article 2.

• You agree to volunteer to provide educational programs from time to time to either schools, business organizations, community organizations and other venues where information about mediation is needed.

• You agree to offer an initial service of up to 3 hours at a reduced rate of $200 per hour and thereafter charge your normal hourly rate (not to exceed $499/hr.).

Note: As MCLA offers affordable mediation to parties across Southern California, we will consider applicants from other major local panels provided that they agree to reduce their fees in accordance with MCLA’s fee schedule for the Vendor Resource program.

Application Form

Submit your application form, proof of insurance, Jpeg photo, 200 words or less bio, and extended biography to MCLA: deanna.armbruster@gmail.com

Download Application Form:

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Standards of Ethics

The MCLA Code of Ethics is adapted from the California Rules of Court, Rule 3.850 through
and including, Rule 3.859.

MCLA Code of Ethics:

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California Rules of Court – Mediation:

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Duties and Responsibilities of Mediator

  • The mediator guides parties through the mediation process.
  • The mediator explains the required forms used for the purpose of the mediation and secures.
  • The mediator coordinates with the parties for scheduling. Mediators and the parties will determine the location and date & time of the mediation.
  • The mediator explains the compensation structure and requires parties to commit to payment.
  • If they choose, the mediator can have a preliminary meeting with the counsels on both sides.
  • The mediator explains to the parties and/or their counsels how to file the appropriate documents with the court.
  • Following the mediation, the mediator can offer suggestions for continuation or finalization.
  • It is the responsibility of the mediator to stop mediation, if the circumstances ask for it.
  • Mediators ask the parties to fill in the evaluation form.

Forms and Instructions

The following forms will be needed for your mediation:

  • Agreement to Mediate including Waiver & Release and Confidentiality – Download and review prior to mediation.

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  • Settlement Agreement – After parties have reached an agreement on all or some issues, the Settlement Agreement will reflect of the areas of consensus.  This document will be filed with the court in a timely fashion.

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  • Evaluation Form – At the conclusion of the mediation, parties will evaluate the mediator and the mediation process by using this form.  This form will be filled in at the end of the mediation.

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Briefs 

It is customary for the parties to submit their briefs to help mediators learning about the case. The optimal time for submission is 7 business days prior to mediation.  The briefs should not exceed 10 pages and any additional documents and evidence should be sent by mail, attached to an email, or faxed to the mediator. The briefs will be deemed as confidential unless parties agree otherwise.

Briefs should include:

  • the summary of parties and their counsels
  • the summary of pertinent facts
  • short litigation history
  • causes of action
  • statutes and the applicable law
  • parties’ positions and the assessment of damages
  • settlement posture and a short negotiation history

Requirements

Mediators are required to carry liability insurance.

Performance Enhancement in conjunction with Evaluation Forms

To enhance the quality of performance by each mediator on the panel, evaluations will serve as a quality control tool. Therefore, it will be required by parties and/or their counsels to complete this form. This will measure the level and quality of execution during the mediation.