What Is Mediation?
Mediation is an assisted negotiation that involves a neutral third party to help resolve issues for individuals, businesses, and corporations. The goal is to help both parties reach an agreement that is acceptable to both of them. However, this may not always be a case. A mediator should never guarantee either party a specific outcome. They should also have knowledge of how to effectively mediate the situation. In fact, the judges and arbitrators will make their decision based on the information contained in the mediation. When you come to an agreement, it is through the facilitated mediation process.
How A Mediator Should Conduct Mediation?
It is very important that the mediator remain impartial during the duration of the proceedings. A mediator should never side with one party based on background information, personal reasons, or from the conduct of the mediation. More importantly, they should never choose a side from their personal opinion. They should inform all parties that both parties voluntarily make any agreement that is made. Both parties should be informed that the formal proceedings of a court are not present during the mediation process. If there is any illegal conduct during the process, the mediator does have the option to withdraw.
What A Mediator Can And Can’t Do?
A mediator should refrain from giving legal advice. They should advise both parties that they are not legal counsel for either party. When they offer a recommendation or settlement advice, they should inform both parties that they’re not acting as an attorney or providing legal advice. They should never have misleading ads that give the general public the impression that they are favored towards a particular disputant or industry.
For a free consultation or more advice on the mediation process, contact our Palm Springs mediation attorneys for more details today.