What is the role of the mediator in civil litigation?

The role of a mediator in civil litigation in Hawaii is to facilitate resolution of the dispute between the parties. A mediator is a neutral third party who does not advocate for either side, instead they help both parties come to an agreement out of court. This process is voluntary and confidential and the parties can reach any agreement they decide on, as long as it is legally binding. The mediator will help the parties communicate and discuss the issues without getting into a heated debate. This allows for a more productive discussion and could potentially help the parties reach an agreement without going to court. By having a mediator present, each party can have someone to explain their point of view and help them understand the other side’s position. The mediator will generally help create a structured process that will allow the parties to identify areas of agreement and disagreement. The mediator will also help the parties identify things that can be negotiated and provide advice for how the parties can reach a resolution. Although the mediator is there to facilitate the process, they will not decide how the dispute should be resolved, that power will remain with the parties. In some cases, a mediator may suggest potential solutions for the parties to consider, and may even draw up a resolution document which can be signed by both parties. Ultimately, the goal of the mediator is to help the parties reach an agreement that will prevent them from having to go to court. This can save both time and money, and can also help improve the relationship between the parties.

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What is the role of the mediator in civil litigation?

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