What is the role of the mediator in a mediation process?
The role of the mediator in a mediation process is to assist two or more parties in reaching an agreement that is acceptable to all parties. Mediators are impartial facilitators who help guide negotiations in a dispute resolution process, such as negotiation and mediation. In California, the state requires that all mediators be certified by either the California Dispute Resolution Council or the Supreme Court of California. The goal of the mediator is to promote communication between the parties and to create an atmosphere of cooperation and understanding. They do this by helping to define the issues, exploring options, and suggesting potential solutions. The mediator also serves to ensure that both parties have the opportunity to be heard and that all communication is respectful. The mediator should remain neutral throughout the mediation process without taking sides. While they do provide some factual information, they are not allowed to give legal advice. Their role is to assist the parties in coming to a mutual agreement without forcing a settlement. Ultimately, the mediator provides a third-party, unbiased perspective and should be able to remain neutral throughout the negotiation process. The mediator should have the necessary knowledge and skills to help the parties come to an agreement and prevent the dispute from escalating into a lawsuit.
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