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Mediations can occur in two different ways. A Court can order parties to mediation or the parties can agree to mediate before a Court case is even filed or they can agree to mediate after the case has been filed.
The mediator is neutral and has no stake in the outcome of the case. The goal of the mediator is to resolve each case in a fair and equitable manner.
Mediation allows the parties to shape the resolution of their dispute rather than a Judge or Jury dictating an outcome.
The mediator cannot dictate the outcome of your dispute. He does not give legal advice. The mediator can and should act as a voice of reason and reality between the parties.
Mediation is completely confidential such that no offers made can be used by the opposing party if the case is not resolved. The mediator cannot be subpoenaed to testify about what occurred at mediation.
Mediation is only successful if all parties engage in the process with an open mind and with the desire to resolve the conflict
Mediation does involve payment of mediator's fees but is much, much cheaper than actual litigation.
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