Can a mediator impose a settlement on the parties?

No, a mediator cannot impose a settlement on the parties in Pennsylvania. Mediation is a voluntary informed process, where the parties enter with the understanding that the mediator does not have authority to decide any dispute, but rather to facilitate the process of achieving a voluntary resolution of the issue in dispute. The mediator’s role is to help the parties communicate more effectively and to generate options that may lead to a resolution of the dispute. The mediator does not have the power to make a decision, but to work with the parties to encourage them to mutually agree to a settlement. In Pennsylvania, the parties retain the right to reject any suggestions offered by the mediator and remain under no obligation to accept any settlement reached during mediation. Consequently, the mediator does not have the ability to impose a settlement on the parties. Moreover, the mediator remains neutral through the process and cannot give legal advice to either party. Therefore, the mediator cannot suggest or impose a settlement that is favorable to one party over the other; the settlement must be an agreement that the parties are both willing to accept. In sum, a mediator cannot impose a settlement on the parties in Pennsylvania. While mediation can be a fruitful process for parties in a dispute, the settlement must be a voluntary agreement reached between the two parties.

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Can a mediator impose a settlement on the parties?

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