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Mediation is a process used to help people reach mutually acceptable agreements

The process may be helped by having each person speak with the mediator alone. 

Mediation begins with an opening statement that describes the process.  Some of the important aspects of mediation include:

 

its voluntary nature ─ no one can be forced to mediate;

 

the mediator is an impartial facilitator and does not have any authority to “decide the case;”

 

mediation communications are confidential except where required by law, some of those exceptions include mandatory reporting of child or elder abuse

Mediator’s role and responsibilities

The Florida Rules explain that the role of the mediator “is to reduce obstacles to communication, assist in the identification of issues and exploration of alternatives, and otherwise facilitate voluntary agreements resolving the dispute.

 

The ultimate decision making authority, however rests solely with the parties.” 

 

The mediator’s responsibility is to “provide a forum for consensual dispute resolution by the parties.”

 

Accordingly, a mediator’s responsibilities to the parties include honoring their right of self-determination; acting with impartiality; and avoiding coercion, improper influence, and conflicts of interest. 

Artwork by: Michael Sonlight

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