Skip to main content.

Mediation and Arbitration

Mediation and Arbitration

The Civil Mediation Program is a voluntary, court-approved program designed to provide high-quality, affordable mediation services to attorneys and litigants in general civil cases. Mediation gives litigants a voice in settlement decisions and allows participants to play a direct role in managing the outcomes of their cases. The Court is pleased to offer this important option for resolving litigation.

Civil Mediation Program Forms

Frequently Asked Questions

What is mediation?

Mediation is an informal, confidential, flexible, and non-binding process in which an impartial person, called a mediator, helps parties understand the interests involved and explore their legal and practical options. The mediator helps parties:

  • Communicate more effectively
  • Explore legal and practical settlement options
  • Reach an acceptable resolution

The mediator does not decide the dispute. Instead, mediation leaves control of the outcome with the parties.

Why mediate?

  • Mediation is voluntary and confidential
  • Mediators do not provide legal advice or judge the case
  • Mediation may save time and money if used early
  • Mediation can reduce conflict and hostility
  • Participants often report higher satisfaction with outcomes

What types of cases may be appropriate for mediation?

Mediation is especially useful when parties wish to preserve an ongoing relationship, such as family members, neighbors, or business partners.

Mediation is also effective when emotions interfere with resolution. A skilled mediator can help parties communicate productively and respectfully.

What types of cases may not be appropriate for mediation?

Mediation may not be effective if a party is unwilling to participate or if there is a significant imbalance of power between the parties.

What is the San Joaquin County Superior Court Civil Mediation Program?

San Joaquin County Superior Court received a grant from the California Administrative Office of the Courts to implement a formal civil mediation program that provides attorneys and litigants with greater access to affordable, high-quality mediation services.

The Court maintains a panel of mediators trained by Pepperdine University Law School’s Straus Institute for Dispute Resolution. All mediators must meet minimum training and experience requirements.

Which cases qualify for mediation?

All general civil cases may qualify for mediation. Parties may request or stipulate to mediation at any point in the case.

Who are the mediators?

Mediators are experienced attorneys who have completed court-approved mediation training or who meet the Court’s training and experience requirements. See the Court Panel of Mediators list.

How is a mediator chosen?

Parties select a mediator by mutual agreement based on experience and market rate. Parties are not required to select a mediator from the Court’s panel.

Who pays for mediation?

The Civil Mediation Program is a party-pay program. Parties typically split mediator fees equally. Mediator rates are published on the Court’s panel listings.

Financial assistance may be available following an income-based screening.

Some mediators offer free mediation services in limited circumstances. For more information, contact the Civil Mediation Program Manager at (209) 992-5501.

Who attends mediation?

The mediator, parties, and attorneys must attend mediation. Each side must have a participant present with authority to settle the case.

What if mediation is not successful?

If mediation does not resolve the dispute, the case may proceed to a settlement conference or continue through litigation.

Program procedures

Program procedures are governed by Local Rule 3.125.

Parties must file a completed Stipulation and Order to ADR with the Clerk’s Office. There is no filing fee. Incomplete stipulations will be returned.

Post-mediation surveys must be submitted within 10 days of completing mediation, regardless of outcome.

Where can I get more information?

Additional information about mediation is available from California Courts – Alternative Dispute Resolution .

Contact Information

ADR Team
(209) 992-5693
The ADR team is prohibited from providing legal advice.