Dispute Resolution

Mediation offers several potential benefits:

• Mediation can be faster. Court proceedings can take years to reach an outcome, while mediation may allow parties to address their dispute much sooner. A case can often be resolved in a single day of mediation, allowing parties to move forward without prolonged proceedings. Parties control the outcome. With the assistance of a neutral mediator, parties can work toward a resolution that meets their needs and interests rather than relying on investigators, attorneys, judges, and juries to determine the outcome of their dispute. Parties can explore creative solutions. Mediation allows parties to consider remedies and solutions that may not be available through a court proceeding.
• CRD mediation is free. Parties do not pay a fee to participate in DRD mediation. Parties are not required to have an attorney, and DRD mediators are trained to work with people who represent themselves.
• The parties do not give up other options if mediation is unsuccessful. If mediation does not result in a settlement agreement, the matter generally returns to the CRD process and proceeds as though mediation had not occurred, subject to applicable exceptions.
• Applicable deadlines are protected. While a matter is in mediation, applicable complaint deadlines are paused, or “tolled,” as provided by law. This helps ensure that time spent attempting mediation does not prevent CRD from continuing its process when mediation is unsuccessful.
• Mediation offers more ways to resolve a case. Parties may participate by videoconference, telephone, or in appropriate cases, in person.
• CRD can enforce mediated settlement agreements. CRD retains authority to enforce compliance with mediated settlement agreements, which can provide protection if a party fails to comply with the agreement.

DRD employs trained professional neutrals, who exclusively mediate complaints. They operate independently of CRD’s Enforcement and Legal Divisions, do not participate in investigations or litigation, generally lack access to those divisions’ case files, and keep mediation information confidential. Most DRD mediators are attorneys with litigation experience; all receive extensive mediation training, and some train other mediators.

Learn more about our mediators here: Meet Our Mediators

An investigator may ask the parties whether they are interested in mediation. Parties may also request mediation directly by asking their investigator or directly contacting DRD at DRDOnlineRequests@calcivilrights.ca.gov.

DRD may accept a pending complaint for mediation at various stages of the CRD process, subject to applicable requirements.

In some matters where CRD has completed an investigation and intends to prosecute the matter in court, CRD will generally attempt to hold a mandatory mediation, requiring the parties to participate.[ In other matters, mediation is generally voluntary.

If mediation is unsuccessful, generally the matter will return to the appropriate CRD unit, subject to exceptions. Participating in mediation does not prevent the matter from proceeding through the CRD process or, where applicable, the courts.

For voluntary mediation, if all parties agree to mediation and the Enforcement Division determines that mediation is appropriate, the Enforcement Division will refer the matter to DRD. If DRD accepts the referral, a party or the party’s representative should receive an email from DRD within approximately 10 business days.

Mediations are generally scheduled within two to five weeks after the mediator contacts the parties, depending on everyone’s availability. The mediator and DRD administrative staff will coordinate with the parties and their representatives to select a mutually convenient date.

If the mediator cannot schedule the mediation—for example, because the parties are unable to agree on a date—DRD may refer the matter back to the Enforcement Division rather than retain the case without a scheduled mediation date.

Parties may consult with or retain legal counsel to represent them during mediation; however, legal representation is not required. CRD mediators are knowledgeable about the laws enforced by CRD, and many parties participate in mediation without an attorney.

Generally, the parties have one opportunity to participate in voluntary mediation. If mediation is initially declined or unsuccessful, the matter may be referred for mediation again if both parties agree and DRD has the capacity to accept the referral.

If CRD intends to prosecute a case in court, CRD will generally attempt to offer mediation in most cases before the case proceeds to litigation.

CRD mediators cannot require parties to accept a settlement they do not want. If you do not agree with a settlement proposal, you may reject it, make a counteroffer, or decline to participate further in the mediation. The parties—not the mediator—decide if a case settles and what the settlement terms are.

Not necessarily. Most CRD settlements are no-fault resolutions, meaning the parties settle without a finding of wrongdoing. Similarly, a respondent’s participation in voluntary mediation does not indicate that CRD found them at fault or that they admit wrongdoing.

Mediation participants should understand their complaint’s facts and may provide relevant information to the mediator before or during mediation. They need not share documents with the opposing party, but submitting key documents in advance gives the mediator time to review them.

Yes. If you have information that you do not wish to share with another party, inform your mediator before disclosing it. You decide what the mediator may disclose. However, sharing relevant information with the opposing party can help the parties identify potential solutions and is strongly encouraged when appropriate.

No. CRD mediators generally have access only to the complaint, not CRD’s investigative files. Mediation participants provide the mediator with key information about the case.

The mediator will determine the mediation format based on the parties’ and representatives’ needs and preferences. Most mediations take place remotely via Zoom or Microsoft Teams, although telephone participation is generally available. In-person mediation may be possible in exceptional circumstances at a CRD office or another mutually agreed location.

During mediation, the parties will usually remain in separate physical or virtual rooms. With their agreement, the mediator may bring them together when appropriate, meet with them separately, exchange relevant information, and help develop a mutually acceptable resolution. You can discuss any concerns about the mediation format with the mediator before the session begins.

No. If you have concerns about being in the same physical room, virtual meeting, or telephone call as another party, discuss those concerns with your mediator.

The mediator can explain whether it is possible to keep the parties in separate physical or virtual rooms or on separate telephone calls.

Deadlines applicable to civil rights complaints are paused, or “tolled,” while a matter is in mandatory or voluntary mediation with DRD.

If mediation is unsuccessful, the CRD investigator or if there is a CRD attorney assigned to the case, can provide information about any applicable deadlines going forward.