Mediation Policies


Mediation Policies and Procedures

MEDIATION SERVICES: Carl Botterud provides mediation services throughout California focusing on employment, civil rights, higher education, and business disputes.

PRE-MEDIATION CONFERENCES:  When appropriate and agreed to by the parties, Carl engages counsel and parties in multiple pre-mediation conversations. The conversations may be in person or video/audio link. The goal of these discussions is assist everyone in preparing for an effective mediation session. These pre-mediation discussions are subject to the protections afforded under California Evidence Code sections 1115-1129. 

WHO MUST ATTEND: In order to reach final agreement, all parties, counsel, insurance carriers, and any other decision-makers must be present in person with authority to settle the case. All attendees are asked to clear their calendars for the entire day in order to eliminate interruptions. If all decision makers will not be physically present, this needs to be disclosed to the mediator and all counsel at the time of setting the mediation   

DISCOVERY/EXPERTS: All relevant information should be exchanged by the parties in advance of the mediation session to assist all parties in making realistic, informed settlement decisions during the mediation. Although witnesses are not typically a part of the mediation process, if expert opinion is essential to reach a resolution in this matter, please make arrangements through our office to ensure that all participants concur.   

BRIEFS: Carl prepares thoroughly for each mediation. To enable adequate preparation, each party is strongly encouraged to submit a mediation brief. Mediation briefs should be confidential, must be submitted at least seven days prior to the mediation, and should include: (1) the material facts giving rise to the litigation; (2) the legal claims asserted; (3) the procedural posture of the case; (4) the strengths of your client's positions; (5) any critical exhibits; (6) an analysis of damages; (7) any prior settlement negotiations, and (8) any other information counsel believes would be helpful to know in advance of the mediation (e.g., pressure points that might create negotiating leverage). When citing case law in a mediation brief, substantive parentheticals are appreciated, preferably quoting the pertinent language.    


FEES/PAYMENT: The flat full day fee includes all pre-mediation preparation, travel time and reasonable post-mediation phone follow-up as needed. Fees are due upon confirmation of the mediation date.    

CANCELLATION POLICY: Fees are fully refundable unless the mediation is cancelled fewer than 21 calendar days before the date scheduled. If cancelled fewer than 21 days from the scheduled session, the canceling party is responsible for 50% of the full session fee unless the matter is rescheduled to take place in the next thirty days, or the mediator can schedule the time on another matter.    

CONFIDENTIALITY: All statements made in the course of mediation are confidential (Evidence Code sections 1115 through 1128). All parties will agree that any statements made or information disclosed to the Mediator is confidential and that disclosure cannot be compelled (Evidence Code section 703.5).   

AT THE MEDIATION: The mediation may begin with a joint session or in separate caucuses based on advance discussion and agreement of the parties and the mediator. Please be prepared to summarize your viewpoint and hear the other party's perspectives. The goal is not to prove your case, but to clarify your views for the mediator and decision-makers. The mediator will also use private caucuses with each party. In caucus, information can be discussed and creative solutions explored which may assist in working toward a resolution. The mediator will help each party confidentially evaluate their realistic options for resolution.    

PUBLICATION: By attending the mediation, unless notified to the contrary prior to the mediation session, all participants authorize Carl Botterud to describe this matter to colleagues for educational purposes, and may publish the fact pattern and results of the mediation, provided no disclosure is made of the participants’ names or any other information which would specifically identify the participants.   

USE OF NAMES: By attending the mediation session, unless notified to the contrary prior to the mediation session, all participants authorize Carl Botterud to add the names of their firms, companies, or organizations to his website client list.