Common questions
Asked plainly, answered plainly.
Fourteen questions, in the order people usually think of them. Nothing here is legal advice, and if yours isn’t on the list it is a good first question for the free call.
What mediation is
Mediation is a confidential conversation with a neutral person in the middle who helps both sides reach an agreement they both choose. A judge decides for you. An arbitrator decides for you. A mediator decides nothing: he has no power to rule against you, and the only thing that ever binds you is something you have read and signed.
Most mediations are voluntary. Some courts do require the parties to attempt mediation before a case can go forward. Either way, being required to attend is not the same as being required to agree. Nobody can make you settle.
Neither. That is the job. A mediator does not represent anyone and does not decide anything. What he brings is a read on how a court would likely see the case, and that read is usually uncomfortable for both sides in about equal measure.
No. A mediator helps both sides talk and tests each side’s thinking against what a court would probably do. That is not legal advice and it is not a ruling. If you want advice about your own position, that is a lawyer’s job, and you are free to bring one.
Confidentiality
Yes. Mediation in California is confidential by law: what is said in the session is meant to stay in the session and generally cannot be used against you in court. Anything you send before the session can be marked confidential, and it will not be passed to the other side.
Parties sometimes realize they are just too far apart, or it is too early in the case and discovery is needed. That is a real outcome and that is okay. Mr. Knauf will follow up and work hard for the parties when a resolution is within reach.
Cost and time
The first call is free, and there is no charge for finding out whether mediation fits. Fees for the mediation itself depend on the matter and the time it takes, and current rates are listed in the availability calendar. Lower rates and pro bono sessions are available for parties in need.
Much less time than litigation. Many matters resolve in a single session of two to four hours; more complicated ones take several. Most of the schedule is set by when both sides can meet, not by a court’s calendar, and sessions are on Zoom so nobody is waiting on travel.
The session
No. You can mediate without one, and you can bring one if you would rather. Nobody will talk over your head. If a term comes up that you don’t know, say so and it gets explained in plain words. That is a normal part of the session, not an interruption.
It works the way an in-person mediation works, in a secure video meeting. Everyone usually begins together, and then each side moves to its own private room. The mediator goes between the rooms. Because nobody has to travel or get into a building, scheduling is easier and a multi-party matter stops being a logistics problem.
Usually only the people directly involved in the dispute, plus their lawyers if they have them. Private conversations are a normal part of the process: most of a session is spent with each side in its own room, speaking to the mediator alone.
Think about what you actually need out of this, which parts you could live with, and what it would cost you to keep fighting. Bring anything you think the mediator should read. You do not need to prepare an argument, and there is no form to fill out first.
Often it is exactly the right time. A session is structured so the two sides do not have to sit in the same room, and having someone neutral carrying the conversation tends to take the temperature down rather than raise it.
Afterwards
Only what you sign. Typically a term sheet is agreed upon via email and the parties agree to prepare a long-form agreement as needed and within a specific time. A signed settlement agreement is enforceable much like any other contract. Nothing becomes binding by accident, and nothing becomes binding because you discussed it. Mediation in California is confidential by law: what is said in mediation stays there.
Book
Book a session, or start with a free call.
Two ways in, depending on how far along you are. Neither one commits you to anything until you say so.
What happens on that call
- You talk
- You describe the dispute in your own words. There is no form to fill out first and no vocabulary test.
- He answers straight
- Whether mediation fits, what it would cost, and where the hard parts are. If it isn’t a fit, he will say so.
- You decide later
- Nothing is booked, signed, or owed at the end of the call. You go away and think about it.