Mediation in California allows two or more parties to make an agreement with the help of a third-party mediator. This professional remains neutral but requires the parties to sign a legally binding document. There are at least five stages of product liability mediation that occur.
Before the mediation begins, an investigation is made into the product liability claim. The discovery of evidence is unveiled so that both sides can present their arguments. The pre-trial conference is carried out to decide if a trial or an out-of-court settlement should begin.
The mediator makes the first opening statements to introduce every person in the room. Next, the participants make opening statements to describe the dispute and the reasons why they are present.
The discussion allows each side to discuss the detailed investigation of the product liability case. Each person will describe the product defects and the consequences of using the defective product, such as medical injuries, medical bills and lost wages. The mediator helps to elaborate on their remarks and ensures that everyone is responding appropriately.
The private caucus allows each side to meet with the mediator and privately discuss matters.
After the private meeting, the parties convene for joint negotiation. The goal is a mutually beneficial agreement.
After an agreement is reached, the details are written down, and each side has to sign the document. If no agreement is made, the mediator may arrange a second meeting in person or over the phone.
The process of mediation
Mediation is a popular form of alternative dispute resolution that is used to settle differences outside of court. The participants in a product liability case are open to receiving mediation services.