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      CHC 439.1     


Art. 439.1.  Duties of mediator

A.  The mediator shall assist the parties in formulating an agreement to mediate.  The agreement shall be in writing, dated, and signed by the parties.  It shall identify the controversies between the parties, affirm the parties' intent to resolve these controversies through mediation, and specify the circumstances under which the mediation may continue.

B.  A mediator shall not knowingly assist the parties in reaching an agreement which would be unenforceable for reasons such as fraud, duress, overreaching, the absence of bargaining ability, or unconscionability.

C.  Prior to signing such an agreement, the mediator shall advise  the parties that each of them may obtain review by an attorney of any agreement reached as a result of the mediation.

D.  The mediator shall at all times be impartial.

Acts 2001, No. 567, §1.

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