The Law & Mediation Office of Donald R. Bloss

Familiarity with rules, codes: Counsel and parties should be familiar with applicable provisions of the Local Rules, California Rules of Court, Evidence Code and Code of Civil Procedure, and/or, where applicable, corresponding provisions of Federal law.

Required briefs: Mediation briefs are preferred, because they can contribute to more productive, often shorter, mediation sessions. Briefs should be received by the Mediator no later than three (3) business days prior to the scheduled date for the mediation. The mediation briefs are not to be filed with the court; it is preferred by the Mediator that they be served on, or timely provided to, opposing counsel. There is no required format for the briefs (e.g., they may be in the form of a letter) and they may be provided to the Mediator by mail, by fax or by e-mail (in Word format only). A suggested outline for a brief is to include an identification of the parties, a statement of disputed and undisputed facts, the issues to be decided by the trier of fact, the party’s position and supporting applicable law, the party’s understanding of the opposing party’s position and supporting authority and the status of negotiations and any previous efforts to settle or resolve the dispute. Because the Mediator may in his discretion discuss any portion of an unserved brief with any other party, any information in the brief which a party does not want disclosed should be clearly identified as such or, preferably, included instead in a supplement to the brief clearly identified for non-disclosure.

Attendance at mediation session, full/additional settlement authority: All parties and decision-makers must attend the mediation and must remain present to participate in the mediation until the conclusion of the mediation. If an insurance carrier is involved, a claims representative with appropriate authority must attend the mediation and must remain present to participate in the mediation until the conclusion of the mediation. Because information is often developed at a mediation which can affect parties’ evaluations of the case, the representative who attends must have, until the conclusion of the mediation, telephonic access to the ultimate decision maker needed to provide additional authority. If a governmental entity is involved and any agreement requires approval by an elected official or legislative body, a representative with authority to recommend such an agreement must attend the mediation and must remain present to participate in the mediation until the conclusion of the mediation.

Releases, settlement agreements: Any party who will require as a part of any resolution the execution of a release and/or settlement agreement is encouraged to bring such document(s), completed to the fullest extent possible, to the mediation.