By George D. Straggas, Mediator and Managing Member, Mediation Solutions ADR · Irvine, California | Updated November 2026
A case can be ready to settle long before it is ready for trial. The parties may understand their own positions but disagree about the evidence, the likely result or what a workable agreement would look like. A good mediator gives them a structured way to test those questions together, and the choice of mediator can shape whether that conversation gets anywhere.
The mediator’s role is different from a judge’s or an arbitrator’s. As the California courts’ guide to alternative dispute resolution explains, a mediator helps the parties communicate and explore settlement but does not decide the dispute. The parties keep control over whether, and on what terms, to settle. For a broader introduction, see this overview of what mediation is.
Start With What Is Blocking Settlement
Before comparing mediators, identify why the case hasn’t settled. The answer points to the experience that will matter most in the room:
| Main obstacle | Experience that helps |
| Disputed liability or how a jury might react | Trial and litigation background in that type of case |
| Value of damages, medical evidence or lost profits | Familiarity with experts, damages models and verdict ranges |
| Insurance coverage or multiple carriers | Experience coordinating insurers and coverage positions |
| Contract meaning or a construction defect | Commercial, construction or technical dispute experience |
| Family or business relationships that must continue | A facilitative style and patience with non-legal issues |
Practice-area labels are only a starting point. Two personal injury cases, or two construction cases, can call for very different preparation and a different neutral.
Questions to Ask a Prospective Mediator
- Which parts of this kind of case have you handled, as a lawyer and as a mediator?
- How do you prepare? Will you review briefs in advance, and do you hold pre-mediation calls with counsel?
- What is your style? Some mediators mainly facilitate communication; others offer candid evaluations of risk. Many do both at different stages.
- How do you manage several parties, insurers or decision-makers who can’t attend in person?
- What happens if a deal is close at the end of the day? Ask about follow-up calls and mediator’s proposals.
- What are the fees, how are they split, and what is the cancellation policy?
Reading mediator biographies before that conversation helps narrow the field, but the questions above usually reveal more about fit than a list of practice areas.
Confidentiality and Enforceability Under California Law
California gives mediation strong confidentiality protection. Under Evidence Code § 1119, what is said and written for the purpose of a mediation is generally not admissible or discoverable in later proceedings, which allows candid discussion. Lawyers must give clients a written disclosure about that confidentiality before the client agrees to mediate, under Evidence Code § 1129.
Because the process is confidential, the settlement itself has to be documented carefully. A written settlement agreement signed during mediation is admissible and enforceable if, among other options, it states that it is enforceable or binding, under Evidence Code § 1123. If a lawsuit is pending, Code of Civil Procedure § 664.6 allows the court to enter judgment on a signed settlement by motion. Leaving with signed, specific terms is the safest practice.
What a Settlement Can Cover
Mediation can address more than a payment amount. A business dispute might settle with payment terms, a buyout or an orderly separation. A construction case might require a repair plan, an inspection or a completion schedule. An insurance dispute may need agreement among several carriers about how a loss will be shared.
In complex, multi-party cases, a proposal that works for two participants often depends on others agreeing too. Counsel may need to coordinate defendants, insurers and anyone whose approval is required. A session that doesn’t resolve everything can still be useful if it narrows the issues or identifies the information needed before talks resume. No mediator can promise a settlement.
Timing and Format
A session held before key documents are exchanged may be premature; one held after extensive discovery may miss an earlier, cheaper opportunity. Many mediators offer full-day or half-day sessions, and in-person, remote or hybrid formats, where some participants attend by video. Whatever the format, everyone needed to evaluate and approve a proposal should be able to participate meaningfully.
Knowing what happens if the case doesn’t settle sharpens the discussion. This piece on whether a dispute will go to trial explains the factors that push cases toward trial instead of settlement.
How to Prepare
- Define the central issues: the claims, defenses and facts that matter most to settlement.
- Share key documents with the mediator in advance: contracts, reports, damages calculations and important correspondence.
- Confirm decision authority for every party, including insurers.
- Think beyond money: timing, confidentiality terms, non-disparagement, or a continuing business relationship.
- Identify missing information that could prevent a meaningful offer, and try to resolve it before the session.
Counsel should also discuss with the mediator whether a joint opening session would help or whether separate meetings will be more productive.
Frequently Asked Questions
Is mediation binding in California?
The process isn’t binding, and the mediator doesn’t decide anything. A written settlement agreement signed by the parties can be binding if it meets Evidence Code § 1123.
Is what I say in mediation confidential in California?
Generally yes. Evidence Code § 1119 makes mediation communications inadmissible and non-discoverable in later proceedings, with limited exceptions.
What should I look for in a civil mediator?
Experience with the specific issues blocking settlement, a preparation process that fits your case, a style suited to the parties, and practical availability for the people who need to attend.
About the Author
George D. Straggas is a mediator and managing member of Mediation Solutions ADR in Irvine, California, mediating business, contract, construction, employment, real estate and injury disputes. A trial lawyer for more than 35 years, he founded Straggas & Associates in 1997 and has served as an arbitrator in the Orange County Bar Association’s attorney-client fee arbitration program since 2008. He earned his J.D. from McGeorge School of Law (State Bar of California No. 132231).
Disclaimer
This article provides general information about mediation under California law and is not legal advice. Reading it does not create an attorney-client or mediator-party relationship. A mediator is a neutral and does not represent any party. Past results do not guarantee a similar outcome. Consult your own attorney about your legal rights.
