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Mediation (typically) is not held at a courthouse. Rather, the litigants usually elect to meet at a neutral location, or one side will offer to host at his attorneys' office. Importantly, the litigants and their attorneys must be present at the mediation conference, unless the participants agree otherwise.
You are not required to reach an agreement at mediation. If you do not agree on a settlement, you are not bound by the terms you discussed during negotiations. Whether or not you settle your case, the mediator is required to keep statements made in mediation confidential.
Code of Conduct of Mediators: Impartiality- it is important for the mediator to be unbiased. He cannot favour one particular party. He should hear both the sides and come up with a possible settlement which is agreed by both the parties. Conflict of interest- the parties should me no way related to the mediator.
For most civil court-related matters including family cases, the mediator's fee ranges from $150-$250 per hour split between the parties.
It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, ?This is all your fault? or ?If not for you, I wouldn't have been injured.? Placing blame can raise the other party's guard, which could make them less likely to compromise.
In order for the mediation agreement to become legally binding, the parties must reduce the agreement to writing through a contract or mediation agreement. Once the terms of the agreement are written and signed by both parties, it becomes a legally binding contract.
Mediation is first and foremost a non-binding procedure. This means that, even though parties have agreed to submit a dispute to mediation, they are not obliged to continue with the mediation process after the first meeting. In this sense, the parties remain always in control of a mediation.
Mediation can be helpful in resolving legal disputes. It is not legally binding unless the parties enter a settlement agreement, also sometimes referred to as a mediation agreement. Mediation can also be legally binding if it is court-ordered. However, that is rare in personal injury cases.