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Mediation and the Mediator: The Characteristics an Effective Mediator Must Possess

7/01/2014

Co-Author Phillip C. Bauknight

Mediation is a non-adversarial dispute resolution process where an agreed-upon impartial third party (the mediator) facilitates and encourages negotiations among the parties. During a mediation, the mediator’s main goal is assisting the parties in reaching a mutually agreeable settlement. Notably, mediations are often not required during litigation and a mediator has no power to make binding decisions. Nevertheless, any mediated agreement is enforceable in court.

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