Mediation is a process generally in which parties engage a neutral third person to help them reconcile or resolve a problem or dispute. During mediation, positions are presented and heard, underlying interests are revealed and considered, risks are analyzed and assessed, and options for resolution are explored. A skilled mediator assists in the process of identifying issues, pursuing areas of agreement and negotiating solutions to disagreements. Any settlement is voluntary and cannot be imposed on the parties.
As practitioners are routinely reminded, the duty to act in good faith permeates the law. Parties commonly agree to mediate a dispute with the expectation that all parties intend to engage in the mediation process in a good faith effort to resolve the issues between them. Good faith is integral to the process of mediation—it would be difficult if not impossible for mediation to succeed without it.
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