Mediation, Start to Finish

Frequently Asked Questions

Mediation is meant to be the clear, low-stress path to resolution⁠—⁠so the process itself should never be a mystery. Below are straight answers to the questions people most often ask before scheduling a session. If yours isn’t here, reach out and ask.

These answers describe the mediation process in general terms and are not legal advice. For guidance about your own case, talk with your attorney.

Mediation Basics

What is mediation?

Mediation is a voluntary, confidential process in which a neutral third party (the mediator) helps people in a dispute reach their own agreement. As the mediator, I don’t decide who is right or impose a result. I guide a structured conversation, test each side’s assumptions privately, and help both sides find terms they can accept. Because you shape the outcome, agreements reached this way tend to hold.

How is mediation different from arbitration or a trial?

In a trial or an arbitration, a judge, jury, or arbitrator hears the evidence and imposes a binding decision. In mediation, no one decides for you. I have no power to rule on the merits or order anyone to do anything. My job is to help the parties negotiate a resolution they both accept: faster, privately, and at a fraction of the cost of litigation.

Is mediation binding? Do I have to settle?

Mediation itself is not binding. No one can force you to accept any term, and you may end the session at any time. What becomes binding is the written settlement agreement⁠—⁠and only if both sides sign one. Until that moment, you are never locked in.

Is what I say in mediation confidential?

Yes. California’s mediation-confidentiality statutes (Evidence Code sections 1115–1128) make mediation communications confidential and generally inadmissible in later proceedings, subject to limited exceptions. What you share⁠—⁠especially in private rooms⁠—⁠generally stays in mediation.

Who controls the outcome?

You do. The parties, with their attorneys, decide whether to settle and on what terms. I facilitate the conversation; I never dictate the result.

The Mediation Process

What happens during a mediation session?

Most sessions open with a short discussion to frame the issues. I prefer to keep both sides in their own private breakout rooms from the outset, unless a joint session will be conducive to a resolution. I meet confidentially with each side in turn (understanding priorities, reality-testing positions, and carrying offers back and forth), working steadily toward a number and terms both sides can accept. The bulk of the day is spent in these private conversations.

What is a breakout room?

A breakout room is a private meeting between the mediator and one side. On Zoom, each party (or each side, if there are multiple parties on each side who wish to sit together) has its own breakout room, and I join one side at a time. Nothing you say in a breakout room is repeated to the other side unless you authorize it.

How long does a mediation take?

Most single-day employment mediations run until around the close of business, although some can be shorter and others can go well into the evening. Some cases may require more than one session.

How do I prepare, and is a brief required?

Each side usually submits a confidential mediation brief a few days ahead, summarizing the facts, claims, key evidence, and settlement posture. My brief and exhibit guidelines explain exactly what to include and when to send it. Come with your decision-makers available and the authority to settle. The more candid and fact-specific your brief, the more useful I can be.

What is a mediator’s proposal?

If talks stall near the end, I may propose a single number to both sides at once and in confidence. Each side privately answers yes or no; the case settles only if both say yes, and neither learns the other’s answer if it doesn’t. It is a tool to bridge a final gap, never a ruling.

Do both sides have to meet face-to-face?

No. Many mediations are conducted almost entirely in separate rooms. If the parties would rather not meet directly, that is easily accommodated.

Scheduling and Logistics

How does a Zoom mediation work?

You receive a calendar invitation with one secure link. Each party and attorney joins from wherever they are, and I place each side in a private breakout room and move between them just as I would between conference rooms. Documents and draft terms are shared on screen or by email in real time.

What do I need for a Zoom session?

A device with a camera and microphone, a stable internet connection, and a quiet, private space. A second screen helps for reviewing documents but is not required. If you would like, a short test link can be sent beforehand so you can check your setup.

Do you mediate in person?

The practice is built around Zoom mediation, which is efficient, lower in cost, and available anywhere in the state. In-person sessions can be arranged in appropriate cases⁠—⁠just ask when you schedule.

What parts of California do you serve?

All of it. Because sessions are held by Zoom, your location within California is never an obstacle.

How do I schedule, and how far ahead should I book?

My live calendar is on the scheduling page. Pick an open date, add your case details, and the date is confirmed instantly: no holds, no proposed alternatives, no waiting for a reply. New dates are released each weekday. Booking more than a month ahead is typical, though near-term dates are sometimes available.

Fees and Payment

How much does mediation cost?

The fee is flat and all-inclusive: $9,500 for individual matters and $12,500 for class, PAGA, and multi-plaintiff matters. There are no hourly charges, administrative fees, or hidden costs. The fee schedule has the full details.

How is the fee divided between the parties?

By default the fee is shared equally between the two sides, though the parties may agree to a different split. Whatever you decide is confirmed in writing before the session.

What does the fee include?

The flat fee covers my preparation (reading the briefs and the record), the pre-session calls, the mediation session itself, and reasonable follow-up to finalize the deal. If a matter is likely to need additional time, you will be told up front. See how the fee works for the breakdown.

What is the cancellation policy?

Reserved dates are held exclusively for you, so a cancellation or postponement within a set window may be subject to a fee. The specific terms are provided with your scheduling confirmation.

About Kyle D. Smith

What are your qualifications?

I’m a graduate of UCLA School of Law with more than a decade inside California employment litigation, and I trained as a neutral at Pepperdine’s Straus Institute. I’ve worked hundreds of employment cases across all of California. You can read my full background here.

What kinds of cases do you mediate?

Employment disputes of every size: wrongful termination, discrimination, harassment, and retaliation claims; wage-and-hour matters; and complex class actions and PAGA representative actions.

Are you a lawyer? Will you give legal advice?

I’m an attorney by training and draw on years of employment litigation, but as your mediator I serve as a neutral: I don’t represent either party, and I don’t give legal advice. For advice about your own rights, consult your attorney. Mediation services are not legal representation.

Outcomes and Agreements

What happens if we reach an agreement?

The key terms are put in writing. The specifics of that writing will depend on the case. Sometimes the agreement is formalized by an email, a memorandum of understanding, or a complete settlement agreement.

Is the settlement enforceable?

Often, yes. A settlement or memorandum of understanding signed at mediation is usually an enforceable contract, and California law (Code of Civil Procedure section 664.6) gives courts a streamlined way to enforce it. Class and PAGA settlements also require court approval before they become final.

What happens if we don’t settle?

You keep every option you arrived with. Many cases that do not settle on the day resolve soon after, as I keep working with both sides by phone and email.

Next Step

Still Have Questions?

Skip the scheduling emails. Choose an available date, confirm, and you're on the calendar. No holds, no proposed alternatives, no waiting for a response.

Check Availability (949) 545-9984

Statewide · By Zoom