MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 122 BINDING MEDIATION Binding mediation is a procedure in which a mediator, if the mediation is not successful, can become an arbitrator. It can occur in two ways: the parties select the neutral beforehand to mediate the dispute and, if the dispute is not resolved, agree that the neutral can render a final and binding award. Alternatively, the parties may choose, after the mediation process has broken down, to…

MICHAEL D. MARCUS’S MEDIATION MESSAGE NO. 84 BINDING MEDIATION You might have heard of binding mediation in which a neutral, by agreement of the parties, makes a binding determination regarding the dispute when mediation has been unsuccessful. You might even have thought about it. This Mediation Message, prompted by Bowers v. Lucia Companies (2012) 206 Cal.App.4th 724, which sanctions the use of binding mediation, recommendsthat before the mediation part of the process begins, the mediator-arbitrator…