The Role of the Mediator

Unlike a judge or an arbitrator, the mediator won't decide the case's outcome. The mediator's job is to help the disputants resolve the problem through a process that encourages each side to:

• air disputes
• identify the strengths and weaknesses of their case
• understand that accepting less than expected is the hallmark of a fair settlement, and
• agree on a satisfactory solution.

The primary goal is for all parties to find a solution they can live with and trust. Because the mediator has no authority to impose a decision, nothing will be decided unless both parties agree to it. The process focuses on solving problems economically—for instance, taking into account the cost of litigation rather than uncovering the truth or imposing legal rules.