Mediator Impartiality. The participants understand that the mediator must remain impartial throughout and after the mediation process. The mediator shall not champion the interests of either participant over another in the mediation. The participants agree that the mediator may discuss the participants' mediation process with any lawyer either participant may retain as counsel. Such discussions will not include any matters personal or confidential to either participant but will include the mediation negotiations, offers and counter offers and legal issues arising from the facts of the case being mediated. The mediator may communicate separately with an individual mediating party (and their lawyer), in which case such discussions shall be confidential between the mediator and the individual mediating party (and their lawyer) unless there is consent to use this information for the purpose of facilitating the overcoming of an impasse and a settlement.
Appears in 2 contracts
Sources: Mediation Agreement, Mediation Agreement