1. (a) Mediation refers to a process whereby a neutral third person, a designated mediator, acts to encourage and facilitate the resolution of a dispute between two or more parties. It is an informal, non-binding, and non-adversarial process with the objective of helping the disputing parties reach a mutually acceptable written agreement. The role of the designated mediator includes, but is not limited to, assisting the parties in identifying issues, fostering joint problem solving, exploring resolution alternatives, and issuing an advisory decision to assist the parties in evaluating and assessing their claims and arguments.
2. (b) A mediator must conduct the mediation proceedings in a procedurally fair manner. “Procedural fairness” means a balanced process in which each party is given an opportunity to participate fully and without coercion. A mediator is not obliged to ensure the substantive fairness of an agreement reached by the parties.
3. (c) Mediation may be terminated at any time if either party or the mediator determines that continuation of the process would no longer advance the aims of the mediation. In this instance, the dispute will then proceed to resolution under section 31014.
4. (d) Mediation may be terminated at any time if the parties determine that they may better resolve the matter without the mediator's facilitation. In this instance, the parties shall indicate in writing to the Commission that they are withdrawing from the mediation and dispute resolution process.

Note: Authority cited: Section 8016, Health and Safety Code; and Section 5097.94, Public Resources Code. Reference: Section 8016, Health and Safety Code.

History

1. New section filed 3-4-2026; operative 7-1-2026 (Register 2026, No. 10).