Who can I bring to the mediation?

When you attend mediation, you may usually bring anyone with you that you believe will be helpful in helping you reach an agreement. The purpose of mediation is for you and the party you are having a dispute with to talk things through, listen to each other, compromise and come up with a plan that works. You will not present witnesses or put on a ‘case’ like you would in a trial, so the people you need to bring with you are those who may help you to come to an agreement at the mediation or whose opinion you will want before you decide to settle.

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Do mediators make recommendations to the courts?

Mediation is an out of court process where a neutral mediator listens to both parties in a prospective case and helps them reach an agreement. There are two types of mediators, a private mediator and a court-appointed mediator. The type of mediator determines the mediator’s role and whether or not they have the ability to make recommendations to the courts.

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How do I find a mediator?

There are several good ways to find a mediator to assist you if you are interested in trying this form of alternative dispute resolution (ADR). There are a number of websites on the Internet that will connect you to mediators. You may also wish to ask your attorney for a referral to a mediator who specializes in the subject you are hoping to resolve through mediation, or to contact your local court for referrals.

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How do I choose a mediator?

You can choose a mediator who is a specialist in the subject matter of your dispute, a specialist in dispute resolution, or a mediator who is both an expert in the subject matter of the dispute and an expert dispute resolver. However, if the dispute involves a small amount of money, it is better to choose someone who is an expert dispute resolver, rather than an expert in the subject matter.

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Can one of the lawyers representing a disputant serve as a mediator?

It is possible for a lawyer representing a disputant to serve as a mediator, but it is not recommended. A lawyer has an ethical obligation to represent his client vigorously. He cannot represent both disputants. If one of the lawyers tries to mediate, even with the consent of the parties, it is not likely that the other side will be able to be entirely candid.

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Should I let the other side choose the mediator?

Mediators do not decide cases. If the other side is comfortable with the style of a particular mediator, that person may be a good choice. It is not necessarily a good idea to be suspicious of a mediator just because the other side recommended her. Most successful mediators do many cases with the same parties.

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Does a mediator decide who wins?

A mediator is not going to decide your case for you. Not only do they have no legally binding authority to do so, but that is also not their aim. The purpose of going to mediation is so that you and the other party or parties will be able to come to an agreement that best reflects the needs and interests of you both.

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