In certain cases, a judge may determine that a legal dispute can be resolved by an experienced mediator, or at least moved toward a settlement.

While most mediations are voluntary, judges in California have the power to order the parties to a lawsuit to attempt to resolve their dispute through mediation. These court ordered mediations are often successful if the parties select an experienced mediator and make a good faith effort to resolve their differences.

The types of cases that are most often referred to mediation include the following types of cases:

• Highly complex cases that will cost a great deal to litigate. Construction defect cases are a good example;
• Cases where one or more of the attorneys makes a request for mediation;
• Cases where parties are likely to have a continuing relationship after the dispute is resolved. A homeowner filing suit against his or her homeowner association is a good example; and
• Where the cost of litigation is a large portion of the amount that is disputed.