California, United States of America
The following excerpt is from Mercury Ins. Group v. Superior Court, 19 Cal.4th 332, 79 Cal.Rptr.2d 308, 965 P.2d 1178 (Cal. 1998):
1 In Dodd v. Ford, supra, 153 Cal.App.3d at page 432, footnote 7, 200 Cal.Rptr. 256, and in decisions that have followed, the phrase "extrajudicial mediation" has been used to characterize judicial arbitration. The words may be clear. But they may also be somewhat misleading. "Extrajudicial" may suggest, incorrectly, that judicial arbitration is outside of the court system. And "mediation" may suggest, also incorrectly, that judicial arbitration is merely a "process in which a neutral person ... facilitate[s] communication between ... disputants to assist them in reaching a mutually acceptable agreement" (Evid.Code, 1115, subd. (a)).
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