4-1. Description
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Mediation is a flexible, non-binding, confidential process in which a neutral person (the mediator) facilitates settlement negotiations. The mediator improves communication across party lines, helps parties articulate their interests and understand those of their opponent, probes the strengths and weaknesses of each party’s legal positions, identifies areas of agreement, and helps generate options for a mutually agreeable resolution to the dispute. A hallmark of mediation is its capacity to expand traditional settlement discussion and broaden resolution options, often by exploring litigant needs and interests that may be formally independent of the legal issues in controversy. Consistent with the principles of impartiality and party self-determination, a mediator may be expected, in appropriate cases, to offer the parties frank and confidential evaluations of the relative strengths, weaknesses, and risks of their respective cases.
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Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
#Rule ID311
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