Fraud dispute is to set the tone, both in pre-mediation correspondence and mediation, by using the word “participants.” Choosing to do so helps to foster a friendly atmosphere in a fraud dispute; it is conducive to settlement and helps to divert attention away from entities, personalities, dislikes – by and against both – and to the real issues in dispute.
A key feature of facilitated mediation is that the mediator does not have any form of judicial, arbitral or other decision-making function. This is particularly important when considering what kind of mediation clients can recommend in the event of fraud disputes.