Is mediation binding on the parties involved?
In Arizona, mediation is a form of alternative dispute resolution in which a neutral third-party, the mediator, attempts to help the disputing parties reach a mutually beneficial agreement. Under Arizona law, mediation is a voluntary process. This means that the parties involved must agree to participate in mediation and can leave the mediation process at any time before a final agreement is reached. It is important to note that mediation is non-binding. This means that the agreements reached during mediation may not be legally enforced unless they are put in writing and signed by the parties involved. Even when an agreement is reached, either party may choose to have their respective lawyer review the agreement before signing. The non-binding nature of mediation means that the parties are free to make their own decisions throughout the mediation process; however, it also means that there is no guarantee that the dispute will be resolved. Therefore, it is important to understand the risks and the rewards that come with mediation. Ultimately, whether or not mediation is binding depends on the parties involved and the agreements that are reached. The mediator cannot enforce any agreements reached during mediation and the parties must be willing to put any agreements reached in writing and sign them in order to be legally binding.
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