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  • Glenn P. Milgraum, APM

Myth v. Reality: A Settlement Must Be Reached at Court-Ordered Mediation


Mediation, by definition, is a negotiation at which the opposing parties exercise self-determination in attempting to reach a mutually agreed upon solution to end their on-going dispute.  The parties generally are assisted by a third-party neutral of their own choosing or one that is selected by the court.  While the Court offers this opportunity to assist the litigants in resolving the dispute placed before it, there exists no obligation on the part of the litigants to reach a settlement.  The only obligation that may be placed upon the litigants is to participate in the mediation process with an ‘open mind’ and in ‘good faith’.
Myth v. reality: A Settlement Must Be Reached at Court-Ordered Mediation

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