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Mediation is a process where disputing parties engage an impartial mediator, sometimes referred to as a "neutral" to assist them is resolving their disagreement. Unlike arbitration in which an arbitrator ultimately makes a decision which is binding on the parties, the parties to a mediation are free to sign an agreement or walk away at the conclusion of the mediation. This is why a mediator must be creative and also be skilled in conflict resolution techniques.
The parties to a mediation typically send settlement proposals back and forth until both sides are satisfied enough with one of them to sign an agreement signifying that both parties are willing to be bound by its terms and conditions. A skilled mediator will often see creative options for settlement that the parties and sometimes even their attorneys do not see.
Most mediations involve attorneys, however, it is becoming more common for parties to a court case to engage a mediator in hopes of an early settlement.
Absolutely! During the COVID-19 lockdowns most professional mediators became proficient at using video technology for conducting mediations.
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