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01-04-2013, 09:33 PM
  #199
haseoke39
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Quote:
Originally Posted by mouser View Post
One of the key concepts of mediation and mediators is that both sides of a disagreement should be able to trust the mediators with information they wouldn't give to the other party in the dispute.

If mediators could be called into court to weigh on the conduct of either party it could undermine the indoendent role that mediation is supposed to serve.
Not only that, but this whole idea that either side isn't negotiating in good faith is such ********. Negotiating in good faith, legally, is such a low bar that as long as you show up and don't commit fraud, the courts won't **** with you. The standard is basically, did you commit fraud. The court doesn't want to have anything to do with deciding whether 54% or 50% is fair and therefore who should've been doing the moving and when. It would undermine the freedom to contract. Both sides are legally allowed to be as intransigent in negotiations as they want.

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