Can a mediator impose a settlement on the parties?

No, in Arizona, a mediator cannot impose a settlement on the parties. Mediation is a voluntary negotiation process in which a neutral third party, known as the mediator, assists the parties in reaching an agreement. The mediator has no authority to decide the outcome of the dispute or make decisions on behalf of the parties. The mediation process is confidential and non-binding. This means that the mediator cannot make any decisions or suggestions that are binding on either side. The parties must agree voluntarily to any resolution. Furthermore, the mediator does not provide legal advice or render legal opinions, but rather assists the parties in exploring potential solutions to their dispute. In Arizona, if the parties reach an agreement during the mediation process, the mediator will draft a Memorandum of Understanding that both parties must sign before the settlement is considered legally binding. In order for the parties to be legally bound by the agreement, both sides must give their informed, voluntary consent. Without this consent, the agreement is not legally binding and the mediator cannot impose a settlement on the parties.

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Can a mediator impose a settlement on the parties?

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