How is a mediator chosen for a case?
In Pennsylvania, a mediator is typically chosen by the parties involved in the dispute prior to the start of the mediation session. Generally, the parties will come to an agreement on who the mediator should be or may state that they would prefer to have a mediator chosen by the court. For example, if a case needs to be settled between two parties, they may come to an agreement on who the mediator should be based on their qualifications and overall suitability for the case. This may be a lawyer with expertise in mediation or an independent neutral mediator who has experience in the area of law in question. The parties can generally choose from a list of available mediators provided by the court. Once the parties have agreed on a mediator, the court will conduct a preliminary hearing to ensure that the mediator is qualified and suitable for the case. This is to ensure that both parties trust and are comfortable with the mediator before mediation begins. If the court approves the chosen mediator, the parties can move forward with the mediation session. The goal of mediation is to help the parties come to an agreement without the need to go to trial. If the mediation process is unsuccessful, the court may choose a different mediator and the parties can try again. However, ultimately, the court will make the final determination as to how the case is settled.
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