What is the role of the mediator in a mediation?
The role of the mediator in a mediation is to facilitate a conversation between the parties and help them reach a resolution. In California, mediators are neutral third parties chosen and hired by the parties or appointed by the court. They are impartial and open-minded and have no interest in the outcome of the dispute. The mediator’s role is to help the parties explore various options and risks associated with different solutions. They must remain neutral and help maintain fairness by providing the parties with time to discuss and evaluate various options with each other. The mediator must be impartial and unbiased. They should not take sides and should not suggest a specific solution. They cannot offer legal advice but may provide information about the law to help the parties reach an agreement. Mediators should also be good listeners and pay attention to the interests of both parties. The mediator should help the parties negotiate and draft a written agreement that both parties can live with. After an agreement has been reached, the mediator should explain it to both parties and ensure that they understand it fully. Finally, the mediator should make sure that the agreement is legally binding before it is signed.
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