When both sides can reasonably work together mediation is often the best way to resolve differences and come to an agreement. Mediation tends to be dramatically cheaper, quicker, and less emotionally draining than traditional adversarial court proceedings.
If mediation fails the things people say during the mediation cannot be used as evidence at trial.
A mediator’s job is to help the parties reach a deal that they both agree to; it is NOT to reach a “fair” deal. A mediator can discuss the likelihood of the court accepting an agreement, but if they were to attempt to make a deal “fair” they would no longer be impartial.
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