Senior Legal Hotline Mediation

Legal Services of Northern California - 070126

Abstract Number: 070126

January 2008

California's Senior Legal Hotline (SLH), a special program of Legal Services of Northern California, has a mediation program that helps seniors resolve disputes by telephone conferencing. The mediation program is run by program staff and volunteers.

When an advocate on the hotline, which assists seniors throughout California on all civil legal subjects, determines that a case may be appropriate for mediation, the option is discussed with the client. If she agrees, the case is referred to the mediation program, but the client may still continue to receive advice from the initial advocate. Mediators' notes are kept confidential behind in intra-office firewall.

All manner of civil cases are referred to mediation, including landlord/tenant, neighbor/neighbor, estates and probate, contracts, real estate and consumer/merchant.

The program helps seniors resolve disputes in a less confrontational manner without the stress, emotional pain and financial burden of a lawsuit. Mediators demonstrate positive communication and effective negotiation, which the seniors are encouraged to practice. In many cases, damaged relationships can be repaired.

Mediators assess each party's capacity and interest in mediating, and if all parties agree to proceed, a conference call among the parties and the mediator(s) is arranged. Some cases can be resolved in one phone call, others require multiple calls.

The mediator uses the calls to get both parties' perspectives on the dispute. The mediator explains the role of  the mediator including a detailed explanation to the second party that the mediator is not an advocate for either side and will remain neutral throughout negotiations

A mediation conference call is usually scheduled within a week if both parties are interested in mediation. If any party is uncomfortable speaking directly to the other, the mediation can still occur through separate phone conversations, called caucuses

Mediators do not have the authority to render a decision. They cannot determine guilt or innocence. They are present to keep the parties talking and to encourage each party to be as knowledgable about the case as possible, including the other side's perspective. Mediators are strictly prohibited from dispensing legal advice to either party but may suggest parties do additional preparation before proceeding, which may include getting legal advice.

The mediation process is confidential. Any communication in the course of mediation is inadmissible in a future legal proceeding. Mediation, however, does not foreclose future legal action.

When parties reach a resolution and if both want to commit the settlement to writing, the mediator helps them draft an agreement and sends it to them for comment.  The parties are encouraged to have the document reviewed by legal counsel before it is finalized.

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Contact Information

Ellen Yamshon Esq., CPCU
Director, Mediation Program
Senior Legal Hotline
Legal Services of Northern California
444 N. Third Street Suite 312
Sacramento, California 95814
(916) 551-2145
(916) 930-4921 Private Line
(916) 551-2197 FAX
eyamshon@lsnc.net
www.seniorlegalhotline.org

Additional Information:

Article, "California Senior Succeeds After Impasse"- Legal Hotline Quarterly, Fall 2007

Article, "Mediation at a Legal Hotline: Wires Humming – But Not Crossed" - Legal Hotline Quarterly, Spring 2006.
 

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