Will our Mediator talk to the Judge or Testify if we go to trial?

No. The mediator’s report to the Court contains only the people in attendance, the result of the mediation (or if an impasse occurred and no agreement was reached) and, perhaps, the cost of the mediation. The mediator will not be a witness and the mediator’s files are not subject to being subpoenaed. It is this level of confidentiality that makes the mediation such a desirable form of dispute resolution.

Will our Mediator talk to the Judge or Testify if we go to trial?
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