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Frequently Asked Questions about the Mediation Services Program

  1. A court case has not been filed; can we still use the program to mediate?
  2. This matter has already been filed in court; how can we use the mediation service?
  3. Does this program meet the Court's ADR requirement?
  4. Who are the mediators?
  5. How much does it cost?
  6. Do the mediators get paid?
  7. Can I get a refund of the BASF administrative fee?
  8. How is the mediator assigned to our case?
  9. Can we contact our assigned mediator directly?
  10. We settled at the mediation session, how do we notify the Court?

1. A court case has not been filed; can we still use the BASF service to mediate?

Yes, this BASF service is not limited to court matters; it is open to anyone in any county.

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2. This matter has already been filed in court; how can we use the mediation service?

Yes, if the matter is in the San Francisco Court, you simply file the Stipulation to ADR with the Court, they will then refer the matter to The Bar Association of San Francisco's (BASF) Alternative Dispute Resolution (ADR) Services Program. If the matter is in another court, simply file the Mediation Consent form (23KBPDF) with BASF.

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3. Does this program meet the Court's ADR requirement?

Yes, this program is a voluntary alternative to Mandatory Arbitration or Early Settlement.

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4. Who are the mediators?

All mediators have met strict educational and mediation experience requirements and are approved by BASF. The average mediator on our panel has 15 years of experience with 125 hours of training.

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5. How much does it cost?

A $200 per party administrative fee is paid to Mediation Services/BASF to use one of our mediators and qualify for three hours of the mediators time at no charge.

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6. Do the mediators get paid?

The mediators agree to provide preparation and the first two hours of the mediation session time at no charge to you as a service to the Court and the Community. To use one of our mediators and qualify for the free mediator time, you must file the Mediation Consent form (23KBPDF) and the administrative fee with BASF. Time beyond the free mediator hours will be at the mediator's rate and paid directly to the mediator by you.

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7. Can I get a refund of the BASF administrative fee?

You will receive a full refund if the other side will not agree to mediation with us. If both sides consent to mediate and pay the fee but settle or come out of the program prior to mediator assignment, you will receive 50% of the fee upon written notice. Once a mediator is assigned, you can't get a refund regardless of attendance or settlement at the session.

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8. How is the mediator assigned to our case?

To use a BASF program and one of our mediators, you must complete the Mediation Consent form (23KBPDF) and file it with the administrative fee with BASF. Typically, BASF will assign a mediator depending on the legal area of expertise you have requested and after a careful conflicts check. However, if you would like to request a specific mediator, simply state this on your mediation consent form when you open a case.

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9. Can we contact our assigned mediator directly?

Yes, after you have opened a case with BASF you will be provided with the mediator's contact information.

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10. We settled at the mediation session, how do we notify the Court?

Congratulation on the settlement! You should now file the Settlement Stipulation with the Court.

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