Final answer:
The mediator cannot serve on the arbitration panel to ensure impartiality. Mediation and arbitration are separate roles in dispute resolution, with one facilitating negotiation and the other making binding decisions.
Step-by-step explanation:
If no settlement is reached during the mediation process, the mediator cannot serve on the arbitration panel that will then hear the case. This is to ensure the impartiality of the arbitration proceeding since the mediator would have had prior involvement in the dispute. In the context of legal disputes, often if the parties cannot agree on matters such as a plea bargain, a jury may be selected to determine the outcome. However, cases may also involve arbitration or mediation, which are alternative dispute resolution methods often used to avoid the complexities and formalities of court trials.
In many legal systems, the roles of mediator and arbitrator are strictly separated to maintain fairness and avoid any potential conflict of interest. An arbitrator's role is to listen to the evidence presented by both sides and make a binding decision, whereas a mediator facilitates negotiation between the parties to help them reach a voluntary agreement.
It's important to understand that the mechanisms of dispute resolution such as mediation, arbitration, and jury trial are critical to ensuring justice and legal fairness in various cases, whether they are civil or criminal in nature.