Are there any limits to the extent of mediation?
Yes, there are limits to the extent of mediation in Arizona. Generally speaking, mediation in Arizona is voluntary and limited to matters of private law. This means that it may not be used to resolve criminal law disputes, civil rights claims, or other public law issues. Additionally, mediation can only involve individuals who are represented by an attorney, and both parties must agree to the terms of the mediation before it can continue. Mediation also does not involve the court as a decision maker. Instead, a neutral third-party mediator facilitates an open discussion between the parties in order to reach an agreement. The goal of the mediator is to assist the parties to come to a mutually acceptable resolution of their dispute. If the parties do not reach an agreement, the mediator may provide a recommendation, but this is not binding. In Arizona, mediation is often limited by time, as mediations can take several hours or days, depending on the complexity of the issue. In addition, the parties should limit the topics that are discussed during mediation so that they can reach a resolution in an expeditious manner. Finally, in Arizona, mediation must be based on good faith negotiation, meaning, all parties must be honest and forthright with each other in order to have a successful outcome.
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