This User Agreement is entered into by and between the parties and the ODR Facilitator, who agree as follows:
The parties are using the ODR Platform voluntarily.
The parties may use the ODR platform to communicate among them selves, and/or request an ODR facilitator.
The ODR facilitators will conduct online sessions in which the parties will negotiate binding agreements to resolve their issues. The sessions will continue until an agreement has been reached and signed by both parties, either party or the ODR facilitator chooses to withdraw from the ODR platform or the parties are inactive for 30 days. If an agreement is not reached before the day of the Small Claims Trial all parties must attend the trial and bring their evidence with them.
The ODR Facilitators are neutral facilitators who have no personal or financial interest in the outcome of the ODR proceeding, do not act in any capacity whatsoever as the personal or legal representative of any party, and do not have any authority to impose a decision on the parties, nor are they affiliated with the court.
The parties will fully disclose all information about the issues involved in the ODR proceeding. Failure to do so may invalidate any agreements they reach in the ODR proceedings.
The ODR Facilitators will not offer the parties any legal advice concerning the issues or their agreements, nor will the facilitators offer the parties any advice concerning the fairness or reasonableness of the terms of the parties’ agreements.
The parties have the right to consult with legal counsel at any time during the ODR proceeding, including signing any written agreement. Each of the parties hereby waives any and all claims and/or demands on the ODR Facilitators which might arise out of the parties’ use of the ODR Platform, the ODR facilitator has no liability for any act or omission in connection with use of the ODR platform.
No party will subpoena any ODR Facilitator or any of the documents or communication used in this ODR proceeding for any legal proceeding.
All parties agree that the all communication on the ODR platform is confidential, including all communication between the parties, and all communication between the parties and the ODR Facilitator. The facilitator and all participating parties to the ODR proceeding agree that the provisions of the California Evidence Code Sections 1115-1128 apply to the use of the ODR Platform. More Specifically all parties and the ODR Facilitator agree Evidence Code Section 1119 is applicable to the ODR proceeding as reprinted below:
- No evidence of anything said or any admission made for the purpose of, in the course of or pursuant to, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any arbitration, administrative adjudication, civil action or other noncriminal proceeding in which pursuant to law, testimony can be compelled to be given
- No writing as defined in section 250, that is prepared for the purpose of, in the course of, or pursuant, a mediation or a mediation consultation is admissible or subject to discovery, and disclosure of the writing shall not be compelled, in any arbitration, administrative adjudication, civil action, or other non criminal proceeding in which, pursuant to law, testimony can be compelled to be given
- All communications, negotiations or settlement discussion s by and between participants in the course of mediation or a mediation consultation shall remain confidential
All parties acknowledge that the ODR platform is currently a pilot project and agree to be contacted by email or phone for survey purposes.