DESCRIPTION OF THE MEDIATION PROCESS

(a) DESCRIPTION. Mediation is a flexible, non-binding, confidential process in which a neutral lawyer- mediator facilitates settlement negotiations. The mediator improves communication, helps parties clarify their interests and understand those of the other party, probes the strengths and weaknesses of each party's legal position, helps identify key legal and factual issues, identifies common interests and areas of agreement and helps generate options for a mutually agreeable resolution of the dispute. If requested, the mediator may provide a neutral and confidential evaluation of the merits of the case.

A hallmark of mediation is its capacity to expand traditional settlement discussion, and broaden resolution options, often by exploring litigant needs and interests that may be independent of the legal issues in controversy. (b) LIMITS ON ROLE OF MEDIATOR. The mediator has no authority to render a decision or to require a settlement. 113