What is the role of a third-party observer during mediation?

A third-party observer plays an important role in mediation, especially in California where the law requires that matters of dispute be resolved through the process of voluntary mediation. A third-party observer is a neutral individual who is not involved in the dispute and is present during the mediation to observe all of the proceedings. The role of the observer during mediation is to provide an objective and unbiased presence in the room. The observer is there to ensure that all parties involved are treated fairly and that the process of mediation is conducted in a peaceful and respectful manner. The observer will also observe the dynamics of the conversation, which can provide valuable insight into the feelings and motivations of the disputing parties. Additionally, the observer can serve as a facilitator should the process of mediation reach an impasse. When the mediator and parties are unable to reach an agreement, the third-party observer can suggest strategies to help the mediator and parties continue the process of negotiation. Finally, the third-party observer is responsible for documenting the proceedings of the mediation including any agreements or decisions made. By documenting the process, the observer can provide evidence to a court should the dispute not be resolved or come back up at another time.

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What is the role of a third-party observer during mediation?

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