What is the role of a mediator in civil law?

In civil law, a mediator is a neutral third party who helps to facilitate a resolution between two or more parties involved in a dispute. The mediator does not make decisions or provide legal advice, but rather helps the parties involved to negotiate and communicate better in order to reach a resolution. The primary role of a mediator is to provide the parties with a forum to discuss their differences. The mediator would create an atmosphere that is neutral, impartial, and respectful in order to facilitate effective dialogue between the parties. The goal is to discover common ground and areas of agreement between the parties, so that they can come to an agreement on a resolution themselves. A mediator helps to ensure that the conversation between the parties remains calm and civil, and that the parties are able to express their points of view without making accusations or engaging in personal attacks. The mediator may suggest solutions but will not impose them. The decision to embrace, modify, or reject those solutions lies with the parties involved. In South Dakota, mediation in civil cases is available in the court-mandated mediation program, as well as through private mediators. If both parties agree to participate, mediation can be a cost-effective and time-saving way to resolve disputes without having to go through the court system.

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