The mediator’s primary function is to inform you about the rules of mediation, which include confidentiality and the mediator’s role in your case.
The mediator’s next responsibility is to listen to each party’s desired resolution for the case. This can be conducted with the parties in separate rooms or together.
The third duty of the mediator is to exchange settlement offers between the parties. To facilitate an agreement, the mediator may request that you modify or remove one of your requirements in exchange for a similar concession from the other side.
Once several rounds of negotiation occur, cases are generally resolved. If this is the outcome, the mediator’s fourth task is to prepare a settlement agreement for both parties to sign. In the event that an agreement cannot be reached, the mediator is only required to inform the judge that both sides attended mediation without reaching an agreement.
Lastly, it is crucial to understand what the mediator is not. The mediator is not a judge and will not render decisions regarding your case. The mediator will not take sides or provide legal advice.
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