What is the role of the mediator in civil litigation?
A mediator is an important part of civil litigation in Florida. A mediator is a neutral, unbiased third party who helps the parties in a dispute come to a resolution. The mediator is not a judge, and does not decide the outcome of the case. The mediator’s role is to facilitate communication between the parties. They help the parties understand each other’s point of view and discuss the issues that are in dispute. The mediator works to get the parties to come to an agreement that everyone can live with. The mediator does not provide legal advice, as this would be a conflict of interest. However, they may provide information that is helpful in aiding the parties in resolving the dispute. The mediator also assists the parties with formulating settlement terms that may be part of the agreement. If the parties decide to come to an agreement, the mediator will draft a Memorandum of Understanding that details these terms. This document is not legally binding, but may be used as evidence if the dispute goes to court later on. The primary role of the mediator is to help the parties in dispute come to an agreement. By acting as an impartial third party, the mediator helps bring the dispute to a resolution without the parties having to go to court.
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