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What are the Ground Rules? Do not interrupt. No name-calling or put-downs. Listen and Be Honest. Agree to work towards solving the problem. Keep what is said in mediation confidential. Follow through on your agreement.

Seek compromise, not judgment Coming to the mediation session, be aware of the mediator's role. Do not seek or expect them to resolve the dispute by issuing a binding decision. Stay away from any attempt to fight the other party. Mediation is about negotiations and compromise.

The Golden Rule of Mediation is to treat others as you would like to be treated during the negotiation process. It embodies the principles of fairness, respect, and collaboration, guiding parties to engage in negotiations in good faith and with a focus on achieving a mutually beneficial resolution.

A motion to enforce settlement is a legal recourse often utilized to compel adherence to agreed-upon terms. By filing this motion, parties seek judicial intervention to ensure compliance with the settlement agreement.

I'm (Mediator's Name) and this is (Mediator's Name). We will be serving as your Mediators. You may call us by our first names; how would you like us to address you? The purpose of our meeting is to help you work out an understanding acceptable to both of you to resolve the situation that has been developing for you.

The assertion of the right to arbitrate the dispute is an affirmative defense. It must be stated in the answer. To enforce the right to arbitrate, the party must then file a motion to stay the lawsuit in favor of arbitration. If both parties to the agreement ignore the right to arbitrate, the right is waived.

If mandatory mediation is desired, the contract can be drafted to require participation in mediation only if one party initiates the process. Mediation may be initiated before or after a claim is filed in court, and the parties may seek relief in court while mediation is in process.

Both parties' arguments will be heard by the court. If no settlement is reached, the judge will issue a ruling in favor of one party. As long as the mediation agreement is well-drafted and consistent with California law, courts typically enforce the terms of the contract.

Enforcement might take the form of: claiming for damages arising from a breach of contract. an injunction to prevent an anticipated breach of contract by one of the contracting parties. specific performance of the contract.