What is the role of a mediator in business litigation?
The role of a mediator in business litigation in Arizona is to help resolve disputes through an alternative dispute resolution (ADR) process. A mediator is not a party to the case, but instead is a neutral third-party who works with both parties to reach a fair and mutually beneficial settlement. The mediator works to assist both parties in understanding their rights and obligations under the law and to identify issues of common ground that can help lead to a successful outcome. The mediator will work to encourage both parties to be open and honest with each other in order to facilitate the negotiation process and to reach an agreement that both parties can live with. Mediators in business litigation will attempt to help settle the dispute in an efficient and timely manner to minimize costs and to preserve relationships. They will listen to both sides of the dispute, help identify areas of agreement and disagreement, and help both parties negotiate a settlement they can both live with. Ultimately, the mediator’s goal is to help the parties reach a resolution without needing to go to court. This can save time and money, and can also help preserve long-term business relationships. The mediator has no legal authority to make decisions or to force parties to accept a settlement, but instead works to help the parties resolve their dispute while making sure their rights are protected.
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