Mediation for tree disputes: how it works and where to go
By Michael Schuck, ISA Certified Arborist WE-15750A · Last reviewed 2026-10-23
How a tree mediation runs
- One party contacts the program and describes the dispute. The program contacts the other party and invites them; participation is voluntary.
- A session is scheduled, usually two to three hours, with one or two trained volunteer mediators, in person or by video.
- Each side says what the problem is, uninterrupted. The mediator then works the problem into options: pruning to a specification, a root barrier and a relocated footing, a cost split, a maintenance schedule, a replacement planting.
- If the parties agree, the mediator writes it up, both sign, and it is enforceable as a contract. Under several view ordinances the agreement can be recorded to run with the land.
- If they do not, the mediation is over, nothing said in it is admissible later, and the parties go to arbitration, small claims or court with the required step completed.
Why the arborist report matters here
Tree mediations stall on facts: whose tree, whether the roots are really the cause, whether the tree is really dying, whether topping would kill it. A mediator cannot answer those and a tree company's opinion is a bid. A neutral report both parties have read before the session removes the factual argument and leaves only the allocation, which is what mediation is good at. Commissioning the report jointly, both names on the engagement, is the strongest version of this. The arborist can attend to answer "what happens to the tree if we do X," at $250 per hour.
Where it is required
- Tiburon: mediation offer no earlier than 30 days after written notice; owner has 30 days to respond; fees 50/50; Town pays one hour from its list.
- Belvedere: the complaint of obstruction must offer mediation; 30 days to respond; costs shared.
- Sausalito: voluntary mediation proposed by the claimant; 30 days to accept.
- Orinda: written mediation offer; 30 days to respond; mediator agreed within 10 days; 50/50.
- Oakland and Berkeley: written reconciliation attempt required; mediation by agreement.
County programs
| County | Program | Phone |
|---|---|---|
| Marin | Marin County Mediation Services | (415) 499-7454 |
| San Francisco | Community Boards | (415) 920-3820 |
| San Mateo | Peninsula Conflict Resolution Center | (650) 513-0330 |
| Santa Clara | County Office of Mediation and Ombuds Service; Project Sentinel | (408) 993-4130; (408) 720-9888 |
| Alameda | Center for Community Dispute Settlement | (925) 337-7185 |
| Contra Costa | The Center for Human Development; The Congress of Neutrals | (925) 687-8844; (925) 937-3008 |
| Santa Cruz | Conflict Resolution Center of Santa Cruz County | (831) 475-6117 |
Programs as listed by the California Department of Consumer Affairs, reviewed October 23, 2026.
What to bring
- The arborist report, or at least dated photographs of the tree and the damage.
- Your prior letters and the neighbor's replies.
- Two or three bids for the work you are proposing, so the cost conversation is about real numbers.
- A proposal. Mediations that start with "here is what I would accept" end sooner.
Sources
- California Department of Consumer Affairs, Local Dispute Resolution Programs.
- Dispute Resolution Programs Act, Business and Professions Code § 465 et seq.
Questions people ask
Is mediation binding?
Only the written agreement that comes out of it, which both parties sign and which is enforceable as a contract. The mediator decides nothing and orders nothing. That is the point: the parties decide.
Is it required?
For view claims in Tiburon, Belvedere, Sausalito, Orinda and Oakland the ordinance requires at least an offer of mediation or a reconciliation attempt before arbitration or court. For everything else it is optional, and judges in small claims ask whether you tried.
What does it cost?
County community mediation programs funded under the Dispute Resolution Programs Act are free or charge a small sliding-scale fee. Private mediators charge by the hour; view ordinances generally split that 50/50.
Should the arborist come?
Often. A neutral report both parties have read is what moves a tree mediation from positions to options, and the arborist in the room can answer 'what happens to the tree if we do X' on the spot. $250 per hour.
What if the neighbor refuses?
Document the offer and the refusal. Under the view ordinances that is a required step completed; in small claims it is evidence of your reasonableness; and it often changes the neighbor's mind once a filing follows.