It is conducted pursuant to a written form of Agreement to Mediate, which provides that the negotiations constitute settlement discussions and are inadmissible in any later legal proceeding. Mediation is a structured process, yet much more informal than arbitration. Most importantly, the mediator has no authority to render any binding judgments on any substantive matters and no power to compel the making of any agreements or the granting of any concessions. A mediated settlement reflects the agreement of the parties. In CCM's experience, the single greatest cause of non-agreement at a mediation session is the absence of persons with adequate negotiating authority.
Mediation is an ideal process for the use of such a document.
The complete documents should be available at the mediation session for reference as necessary. Their participation, however, will be in the nature of informal discussion. Their views may he subject to clarification by other parties, but the purpose is an information exchange, not cross-examination. The mediator will moderate participation to ensure that these objectives are achieved. Sample language will be provided by the mediator at the mediation.