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Will One Party Have An Advantage? No. The nature of mediation is to bring parties together, and the mediator is neutral and is there to keep discussions on track, balanced and moving forward. One side may bring an attorney for advice and counsel. However, since the lawyer is not a party, he will not be permitted to cross-examine or badger the opposing party. If it appears that one side is trying (or merely tending) to intimidate the other, the mediator can guide the discussion toward a more even keel and/or conduct the remainder of the mediation via private caucuses. There are many ways to assure that the parties feel comfortable and safe. And because the process is confidential and controlled, and the disputing parties have the freedom to develop and consider innovative settlement theories, they frequently improve their relationships. Instead of the parties being involved in head-to-head confrontations, each side has the chance to work towards a common goal. This can help to preserve and enhance the relationship between the parties.
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