What does the mediator do in a mediation session?
The mediator remains “in the middle” of the parties’ dispute throughout, never taking sides or giving advice. From that position he(she) listens carefully to each parties perspective, asks questions, and makes suggestions aimed at 1)getting all the relevant information out on the table 2)surfacing each party’s true interests and all realistic alternatives for settlement. The mediator also helps parties manage emotional reactions that can be a significant obstacle to settlement. The mediation session is conducted like a conversation between people trying to solve a problem. Though the mediator gives it structure and momentum, it does not involve prepared remarks, procedural requirements, or public proceedings. The mediator sets a positive, optimistic tone for negotiations, keeping the parties “on task” as they explore potential solutions.
