- The NEUTRAL is contacted by RESOLVE Law San Diego administrator and provided the JOINT PARTY AGREEMENT filled out by the parties.
- The NEUTRAL is required to perform a conflict check. (See Conducting a Conflict Check section above). Please note that RESOLVE Law San Diego is not requiring neutrals to send out disclosure forms.
- The NEUTRAL will respond to REOLVE Law San Diego administrator and advise whether she/he has any conflicts and acceptance of the matter.
- The NEUTRAL will contact the parties to discuss scheduling and agree upon either zoom or teleconference.
- The NEUTRAL will schedule the meeting time with all counsel by sending a Zoom link/invitation or providing conference call information.
- The NEUTRAL will receive briefs and case materials at least 2 business days in advance of session. Briefs are limited to 5 pages and 10 pages of exhibits. It is the NEUTRAL’s discretion to disregard any documents submitted which exceed these limits.
- The NEUTRAL may conduct a pre-mediation ex parte communication with each side to facilitate a streamlined process and identify key issues.
- Each side will be strongly encouraged to exchange materials and Plaintiff is encouraged to make pre-mediation demand.
- The parties are responsible for drafting any Settlement and Release Agreement and are encouraged to share that before mediation.
- NEUTRAL confirms settlement via email with all parties.
Virtual Mediations with ZOOM
- NEUTRAL MUST HAVE ZOOM PRO ACCOUNT
- (Approx $15 per month-allows unlimited time)
- Participants can download Zoom app for free
- NEUTRAL will schedule the meeting time with all counsel by sending a Zoom link/invitation
- NEUTRAL starts meeting by putting each side into a breakout room for confidential discussions. This is a Zoom feature which allows private conversation between the mediator and each side. The opposing side cannot hear or see these discussions.
- NEUTRAL should also be prepared to speak with counsel/adjusters via cell phone during session, as necessary.
Phone Conference Mediations
- The same procedures outlined above will be followed with the exception that the NEUTRAL will be responsible for providing conference call information.
- FaceTime/video options can be used if necessary, for visual viewing of injury or condition