Frequently Asked Questions

If I am interested in participating in mediation how does the process work?
If mediation is chosen as an informal means to resolve a dispute, all relevant parties will be contacted individually by the mediation program director or designate to discuss in confidence the issues and concerns to be addressed in the mediation session.

During the pre-mediation stage, as well as the mediation process, everything discussed and disclosed will be kept in strict confidence and will not be shared with other parties in the dispute without permission.

What happens after the pre-mediation stage?
Once all the parties are interviewed and agree to participate, a mediator(s) is assigned by the program director or designate. The mediation program will coordinate and arrange the location for the mediation session. A neutral location is chosen to insure privacy. Parties are given a pre-mediation agreement (PDF) to review and may choose to sign it prior to the start of the mediation.

Does the Mediation Program keep a copy or record of the pre-mediation agreement or agreements made by the parties?
No. Mediation as an alternative dispute resolution process is voluntary and informal. The parties upon their decision to participate are responsible for maintaining agreements made prior to, during, and after mediation.

What if the other party doesn’t want to participate in mediation?
The mediation process is voluntary. The process works best when all parties come in good faith. Mediation will only be conducted if all parties agree to participate.

Are there any limitations on confidentiality during the mediation process?
Yes. Any disclosures that reveal imminent harm to self or others or of child or elder abuse cannot be kept in confidence. The mediator is obligated by law to report such disclosures. California Evidence Code 1115-1128 (PDF)

If I have filed a formal grievance can I also choose mediation as an alternative way to resolve the problem?
No. Once a formal grievance, investigative or appeals process is initiated, mediation as an option is nullified. Mediation is an informal option and measure to prevent formal proceedings.

However, if it is deemed appropriate by Human Resources, Dean of Students, Privilege & Tenure, etc. to put the grievance in abeyance, then mediation can be pursued.

Is mediation a safe process to work through sensitive issues or concerns when privacy matters?
Yes. First and foremost mediation is voluntary and parties can stop the process at any time. The process is managed by ground rules. Parties are held responsible and accountable to uphold them.

The mediator’s presence and impartial management of the process gives the parties confidence. Parties or the mediator can call a caucus or separate meeting at any time during the mediation. The process is informal and confidential.

Can the mediator’s disclose what’s discussed in mediation to an outside party?
No. Mediation is a confidential process and all parties enter into mediation with the expectation that the process is a confidential. Mediators are expected to protect and preserve the confidentiality of the parties identities and content of the session, subject to California Evidence Code Section 1119.

If an agreement is made in mediation and a party breaks the agreement, can there be a follow-up mediation?
Yes, if the other party is willing. Mediation is a voluntary process as well as a supplement to existing formal grievance processes. Parties can choose to resolve grievances or disputes through formal channels.