Have things changed with Mr. Cook’s recent move to JAMS?
Before joining JAMS in 2025, Phil spent a decade as an independent mediator and litigator, founding both Cook Mediation and The Cook Law Firm, and devoting an increasing portion of his trial practice to mediating litigated disputes. He now continues to mediate with the support of JAMS, the world's preeminent provider of mediation services, where over 10,000 mediations are handled annually.
What happens in mediation?
Although every mediation is different, a mediation is simply a negotiation, assisted by a neutral mediator. The mediator has no bias against or any interest in the parties, their positions or the outcome of their dispute.
The mediator does not decide any aspect of the dispute, nor does s/he communicate with the judge or arbitrator(s) who is responsible for deciding the dispute. And although a mediator almost certainly will discuss possible litigation outcomes with the parties, his/her views are not binding. The mediator can only assist the parties in reaching an agreement that all parties voluntarily accept.
Before a mediation session, the parties’ counsel and the mediator should discuss the process, such as the presentation of evidence and legal argument in written submissions and whether the mediation should include a joint session with all parties or just involve private caucuses with each side separately. A mediation can and should be tailored to fit the parties’ needs and interests.
I would like to discuss settlement but want to make sure that nothing I say will be used against me or hurt my case. How do I know that a mediation will be confidential?
Under California law, mediation proceedings are confidential. See Cal. Evid. Code, §§ 703.5, 1115-1129. As a result, before your mediation starts, all participants will be required to sign a Confidentiality Agreement.