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Page 12 of 18 |
Do mediators make recommendations to the courts? |
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No. While there are some exceptions to this general rule, mediators do not make recommendations to a court or other adjudicative body. In California, for example, mediators are specifically forbidden from making any "report, assessment, evaluation, recommendation, or finding" concerning the mediation. While California mediators may express their views to you in a private session, they cannot tell the court what they think of your case.
Most states do not have specific rules about what a mediator can tell a court, so it is very important for you to find out before a mediation whether the mediator has any authority or requirement to report to a court. |
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