The mediator cannot be compelled to divulge mediation records or to testify in regard to the mediation in any adversary proceeding or judicial forum. The mediation process was created with the intent to avoid a situation where legal representation is necessary to resolve a dispute. However, it is not intended to discourage a party from seeking legal counsel if they so choose. The mediator will work with all parties including legal counsel if a party has counsel or at some point in the process obtains counsel. All areas of conflict should be included in the settlement effort if possible.
Mediation is an informal process and therefore very flexible.
You are encouraged to take an active roll and let the mediator know what you expect from the process. The mediator has examined the file information, has experience in the subject areas of law, and can be used as a reference person. But remember, the mediator is not a judge. Please do not hesitate to let the mediator know your wants, special circumstance or availability for conferencing. If you have any feedback regarding the process, your input is important to us in our efforts to make mediation more effective.