A mediator works with the parties to facilitate communications and assist the parties in developing options for settlement and working toward a resolution of some or all of the issues between them. The role of the mediator is to be neutral (not representing either party); the mediator can provide legal information but cannot provide legal advice; the mediator does not dictate a settlement; any settlement is an agreement reached between the parties. The process emphasizes interest-based negotiations that result in a settlement that maximizes the interests of both parties. If desired, the mediation can result in a formal settlement agreement between the parties. To the extent that legal advice is desired, the parties are encouraged to hire separate legal counsel during the mediation process. The separate counsel may be used to confer with his/her client during or outside of the mediation sessions, to draft or review a written settlement agreement and/or to file any court matter (including incorporation of any settlement agreement reached).
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