Terms of Service

These Terms of Service ("Terms") govern your access to and use of americanmediation.com (the "Site") and the mediation referral and administrative services offered by American Mediation (the "Services"). Please read them carefully. By using the Site or submitting a case, you agree to these Terms. American Mediation provides Services exclusively for parties represented by licensed attorneys.

1. About American Mediation

American Mediation is a California-based platform that connects litigation attorneys with independent mediators and provides administrative coordination for mediation, including intake, scheduling, agreements, and payment processing. References to "American Mediation," "we," "us," and "our" mean American Mediation. References to "you" mean the attorney or law firm accessing the Site or using the Services.

2. Represented Parties Only

American Mediation provides Services exclusively for parties who are represented by licensed counsel. By using the Services, you represent and warrant that you are a licensed attorney (or authorized representative of a law firm) and that every party participating in any mediation coordinated through American Mediation is represented by a licensed attorney. American Mediation does not provide services to self-represented or pro per parties. We reserve the right to decline or discontinue Services where this requirement is not met.

3. Scope of Eligible Matters

American Mediation coordinates mediation for California unlimited civil matters. We do not handle limited civil matters, small claims, unlawful detainer, residential foreclosure, consumer-lending disputes, or other matters outside our stated scope. We reserve the right to decline any matter at our discretion.

4. Nature of Our Services; Independent Mediators

American Mediation is a referral and administrative platform. It is not a law firm, does not provide legal advice, and does not represent any party. Mediators available through American Mediation are independent contractors who set their own rates; they are not employees or agents of American Mediation. Each mediator serves as a neutral and does not act as an attorney or representative for any party, has no authority to impose a settlement or require concessions, and where a mediator assists in preparing a written settlement agreement, does so only as a scribe. Each participant is advised to have any settlement agreement independently reviewed by their own counsel before signing.

American Mediation does not guarantee any particular outcome, result, or settlement, and does not guarantee the availability of any particular mediator.

5. Required Agreements Before a Mediation Proceeds

Submitting a case through the Site is a request for Services; it does not by itself schedule or confirm a mediation. Before any mediation will commence, all parties to the mediation (through their counsel) must review and sign the documents American Mediation requires for that matter, which include:

• the American Mediation Agreement for Mediation Services (the "Service Agreement"), and
• the Confidentiality Acknowledgement & Agreement (the "Confidentiality Agreement").

You acknowledge and agree that a mediation will not proceed until the Service Agreement and Confidentiality Agreement have been signed by or on behalf of all parties to that mediation. Those signed agreements, together with any other documents American Mediation provides for a specific matter, govern the mediation itself. In the event of any conflict between these Terms and the signed Service Agreement or Confidentiality Agreement with respect to a particular mediation, those signed agreements control as to that mediation.

6. Fees and Payment

American Mediation charges a Standard Case Management Fee of $250 per party, per session, which is non-refundable. Mediators set their own full-day, half-day, and hourly rates, which are billed in addition to the Case Management Fee. The specific fees, deposit requirements, payment timing, and cancellation, continuance, and refund terms applicable to a given mediation are set forth in the Service Agreement for that matter. As described in the Service Agreement, American Mediation's agreement to render services is with the participating law firms, which are responsible for ensuring payment, and American Mediation may cancel a session if fees are not timely paid.

7. Confidentiality of Mediation

Mediations coordinated through American Mediation are confidential and subject to applicable law, including California Evidence Code sections 1115 et seq. and Federal Rule of Evidence 408. The specific confidentiality terms applicable to a mediation, including provisions regarding inadmissibility, non-recording, and the handling of communications in remote (telephonic or video) sessions, are set forth in the Confidentiality Agreement for that matter. Nothing on the Site or in these Terms waives any applicable privilege or mediation confidentiality protection.

8. Information You Submit

You are responsible for the accuracy of the information you submit through the Site, including information about opposing counsel and the parties. You represent that you are authorized to provide such information for the purpose of coordinating a mediation. Our handling of information is described in our Privacy Policy.

9. Acceptable Use

You agree to use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to misuse the Site, attempt to gain unauthorized access, interfere with its operation, submit false or misleading information, or use the Services in a manner that violates the rights of any person or applicable law.

10. Intellectual Property

The Site and its content, including text, design, logos, the "Case Closed" mark, and other materials, are owned by American Mediation or its licensors and are protected by intellectual property laws. You may not copy, reproduce, or use our content without our prior written permission, except as necessary for your ordinary use of the Services.

11. Disclaimers

The Site and Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. American Mediation does not warrant that the Site will be uninterrupted, error-free, or secure. American Mediation does not provide legal advice, and nothing on the Site constitutes legal advice or creates an attorney-client relationship.

12. Limitation of Liability

To the fullest extent permitted by law, American Mediation and its owners, mediators, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or relating to your use of the Site or Services. To the fullest extent permitted by law, American Mediation's total liability for any claim arising out of or relating to the Site or Services will not exceed the amount of the Case Management Fees you paid to American Mediation for the matter giving rise to the claim.

13. Indemnification

You agree to indemnify and hold harmless American Mediation and its owners, mediators, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising out of your use of the Site or Services, your violation of these Terms, or your violation of any rights of a third party.

14. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or your use of the Site will be subject to the exclusive jurisdiction of the state and federal courts located in California, except to the extent a signed Service Agreement or Confidentiality Agreement provides otherwise for a particular mediation.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above. Your continued use of the Site or Services after an update constitutes acceptance of the revised Terms.

16. Contact Us

If you have questions about these Terms, contact:

American Mediation
Email: Info@AmericanMediation.com
Phone: (310) 208-1111