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| Mediation is a process where a neutral and impartial third person
acts to encourage and facilitate the resolution of a dispute without
prescribing what it should be. It is an informal and nonadversarial
process intended to help disputing parties reach a mutually acceptable
agreement. The mediator The role of the mediator is to (1) reduce obstacles to communication, (2) assist in the identification of issues and explanation of alternatives, and (3) otherwise facilitate voluntary agreements resolving the dispute. The ultimate decision making authority, however, rests solely with the parties. The mediator shall maintain confidentiality and shall not reveal
information obtained during the process. The mediator shall not make any substantive decision for any party and shall not offer a personal or professional opinion intended to coerce the parties, decide the dispute, direct a resolution of any issue or offer a personal or professional opinion as to how the court will resolve the dispute. The mediator shall not coerce or improperly influence any party to make a decision or unwillingly participate in mediation. The mediator shall not intentionally or knowingly misrepresent any material fact or circumstance in the course of conducting mediation. If for any reason a party is unable to freely exercise self determination
(such as if there are threats or a party is under the influence
of drugs/alcohol), a mediator shall cancel or postpone a mediation. |
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