The Role of the Mediator

A mediator’s task is to facilitate negotiations of the participants not to decide the matter for them. The mediator may use different mediation techniques in conducting the mediation. If the mediator may believes that one of the parties to the mediation is not being realistic about the cost/benefit or the risk/reward of litigating a dispute she may act as “an agent of reality” and test that party’s assumptions about the conflict. There is no attorney-client relationship between the mediator and any party to the mediator’s agreement and the parties typically acknowledge that they will not rely on any opinions that may be expressed by the mediator. Finally, the mediator is going to use her best efforts to facilitate a resolution of the dispute until it is resolved by the mutual agreement of the parties. Any settlement agreement prepared with the assistance of the mediator must be reviewed by each party and/or by that party’s independent legal counsel.