RULES AND POLICIES FOR PARTIES TO MEDIATION

1. Cases Eligible for Mediation. The Center will accept almost all real estate disputes, with a focus on disputes arising from C.A.R. Forms, such as the Residential Purchase Agreement and Joint Escrow Instructions (“RPA-CA”).  

2. Communication. Parties must remain respectful and professional throughout the process. While persuasive and forceful communication is not prohibited, civility and mutual respect is vital and will increase the likelihood of the parties reaching a mutually agreeable settlement. 

3. Fees and Costs.

a. Filing Costs. A $500 filing fee is paid to the Center upon submission of your Request to Mediate and is non-refundable. In most cases, the initiating party will pay the filing fee (Note: the mediator will reduce the deposit due from the initiating party by $250 and increase the deposit due from the responding party by $250 to offset the initiating party's advance payment of the filing fee). 

b. Mediator Fees.

• First 2 Hours Reduced. The first 2 hours of billable mediator time is $200 per hour.
• Standard Rate. After the first 2 hours, the parties are billed at the hourly rate listed in the mediator’s profile.
• Prep and Travel. Center mediators provide scheduling, local travel and preparation time without charge for up to two hours.
• Minimums. Parties commit to a minimum of 4 hours of mediation hearing time, unless otherwise noted in the mediator’s profile.
• Deposit. All mediator fees are billed in advance and paid directly to the mediator. Mediators generally require a minimum deposit equal to 4 hours of mediation hearing time prior to reserving the mediation date.
• Excess Fees. The parties and their counsel are encouraged to independently coordinate their availability for mediation to avoid excess fees. There may be additional preparation fees for complex disputes (e.g., disputes arising from a non-standard C.A.R. agreement, or disputes that require extensive review of documents).
• Cancellation/Continuance Fees. $250 for cancellation or continuance notices received by the mediator after the mediation date is reserved and confirmed with all parties. $500 for cancellation or continuance notices received by the mediator three (3) calendar days or less prior to the scheduled mediation date. Notices of cancellation/continuance must be submitted in writing directly to the mediator. Such fees will be the responsibility of the party requesting cancellation or continuance, unless otherwise agreed to by the parties. Panel mediators are independent contractors and may enforce their own cancellation and continuance policies that are different from the above provided such policies are given to the parties in writing in advance of scheduling the mediation. 

4. Interested Persons. Interested Persons have no obligation to participate in the mediation.  You should contact your mediator to discuss whether these individuals will be helpful to resolve the dispute.  If you invite an agent to participate in a mediation, the Center will copy their broker.  The mediator and all parties must be notified in writing at least ten (10) days prior to the mediation date if an Interested Person will participate.  Failure to comply may result in the need for a continuance and continuance fee against the party requesting the delay as provided above.  

5. Conflicts Check. To ensure neutrality, all panel mediators are required to check for and disclose any conflict of interest to mediation participants. The mediator must obtain the written consent of all mediation participants for any waiver of a conflict of interest.

6. Scheduling Process and Time Frames. Once the mediator has accepted your case, they will begin the scheduling process. Your mediator will generally have twenty (20) calendar days from the date of assignment for the scheduling process. If your mediator is unable to schedule the mediation within this time frame, they may request a one-time thirty (30) day extension. All scheduling is performed by your mediator and any scheduling inquiries should be made directly with your mediator.   

7. Representation by Counsel. Any party may be represented by counsel.  When a party is represented by counsel, communications about the mediation should be made directly with their attorney.  The mediator and all parties must be notified in writing at least ten (10) days in advance of the mediation date if they will be represented by counsel. Failure to comply with this notice may result in the need for a continuance and a continuance fee against the party requesting the delay as provided in Fees & Costs.

8. Post Mediation Survey. You will be asked to complete a survey about the mediation process following the mediation.  The Center will maintain your survey as confidential unless you grant us permission to share your responses with the mediator.  Otherwise, we will use this information solely to evaluate the Center program and distribute general statistical data.