A bedrock principle in the art of mediation is party self-determination. This means that the process is all about the parties. It is not about the mediator or the lawyers where counsel are involved. This would appear to be a principle without question. In the ever-increasing popularity of professional mediation provider services, however, it has become problematic.
The primary difference between mediation and the adversarial process (litigation or arbitration) is that the mediator...
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