What is the role of a mediator in business litigation?

A mediator is an impartial third party who assists people in resolving disputes. In business litigation, a mediator helps parties involved in a dispute come to an agreement outside of court. During a mediation, both sides present their cases and negotiate to reach a resolution. The mediator has no authority to impose a settlement, but will help to facilitate the process. They will listen to each side’s arguments, objectively review the facts, and suggest areas of compromise. In the case of business litigation, the mediator may suggest a solution that both sides can agree upon. In Minnesota, the mediator must follow the process and rules set out in the state’s laws. They must remain impartial and must not favor either side. The mediator may make suggestions but they cannot force a settlement, and any decision is only binding if all parties in the dispute agree. The mediator’s role is to help the parties involved reach an agreement that is fair and reasonable. It can provide an effective way to resolve a dispute without the time and expense of a court trial. As such, it can be an invaluable tool in business litigation and can help parties reach an efficient resolution to their dispute.

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