Can a mediator impose a settlement on the parties?
No, a mediator cannot impose a settlement on the parties involved in mediation law in New York. Mediation is a voluntary process where both parties participate to negotiate a settlement, out of mutual respect. The mediator’s role is to provide an impartial environment, which facilitates communication between the parties, so they can negotiate a voluntary agreement. In New York, mediators are trained to provide an open and impartial setting for the parties to discuss their issues related to the dispute. The mediator may provide resources, advice, or opinions, but it is up to the parties to come to an agreement. The mediator does not decide the outcome of the case, pass judgment, or impose a settlement. Rather, the mediator’s role is to provide the opportunity for the parties to reach a resolution they both agree on. If the parties are unable to agree to a settlement, the mediator will end the mediation process. However, the mediator cannot impose a settlement that either party is not satisfied with. The parties must either agree to a settlement or take their case to court to have it resolved by a judge or jury.
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