A mediator doesn’t make decisions or issue orders.  Further, a mediator doesn’t take sides or provide legal advice.  Mediators tell parties that mediation is their process, not the mediators, and that decisions are theirs to make. 

So, what does a mediator do, besides offering bad jokes to lighten the tension?

First and foremost a mediator reinforces the point that a mediated settlement, while not ideal to either side, is a win-win for both sides and better than a court-imposed decision.

A mediator will ask the parties what they are really seeking in the mediation.  This is done for two reasons.  First, to make sure the parties are clear in their own expectations and second to help the parties reach their goals. 

A mediator will ask the parties questions they probably don’t want to have asked or may not of thought of themselves.  This is commonly referred to as a reality check.

A mediator will keep the parties focused on the idea of settlement and try to steer the parties away from unimportant issues that distract the parties from reaching their goal of settlement.

A mediator will remind the parties that trials provide uncertain and uncontrollable outcomes, can take months (or years) until resolved, and are expensive and stressful on the participants. 

A mediator will separate the parties into caucuses to control the level of tension and emotions experienced by the parties, enabling the parties to stay focused on their interests rather than on their positions. 

In the end what mediators do is keep the parties focused, reduce stress levels and help them to find the common ground that can lead to a settlement. 


Posted By:

Jay N. Lazrus
301-384-9579
www.raegroup.com