Those responsible for dispute resolution typically receive some formal instruction on the mediation process and may attend relevant conferences. Ideally, an ombudsperson is high enough in the organizational hierarchy that they are perceived to have some influence but is not so high that they are perceived to represent the organization's interests. Mediation and the Law Mediation might be seen by legal professionals as an encroachment on their domain. And indeed, mediation has a unique relationship with the law, but one that is mutually beneficial. Many legal professionals have come to recognize mediation as a way to ease the burden on the court docket as well as to resolve disputes.
Confidentiality is important for a successful mediation.
Disputants are more likely to be open and forthcoming in caucus and joint meetings if they can be assured that their statements will remain confidential. Nevertheless, information regarding criminal behavior cannot remain confidential and this caveat should be understood by all parties. California Evidence Code, Div. 9, Ch. 2, directly addresses guarantees of confidentiality in mediation. Under this law, all statements, documents, and communications that are part of a mediation are inadmissible in noncriminal proceedings. The law also provides that mediators are entitled to reasonable attorney's fees and costs in the protection of inadmissible mediation information.