What exactly does the mediator do?

The Mediator’s role is to be an active but neutral facilitator, helping the parties to negotiate effectively with each other in order to reach a settlement.

The mediator’s primary role at a mediation is to act as a facilitator, helping the parties to have a conversation with each other in order to try and reach a settlement of the dispute.

The mediator is not a judge or decision maker – they will not take sides or tell you what the outcome of the dispute should be. Instead, they will work with both parties to explore their views and help them to negotiate effectively with each other in order to reach a settlement. 

In a typical mediation, the mediator will convene a series of meetings with the parties. Most of these meetings will be between each party and the mediator privately where the mediator will discuss the dispute with the party and agree messages that the party wants to explain to the other side to try and reach a resolution. The mediator will not convey any information without your permission. With permission, the mediator may also convene meetings with everyone (joint meetings) so that the parties can also speak together. The mediator will always work in a way that is effective and safe.

At the start of the mediation day, the parties are likely to discuss with the mediator their thoughts and feelings about the dispute and what is important to them. As the day goes on, the mediator will also discuss with the parties possible offers to share with the other side in order to resolve the dispute. The mediator may also coach the parties in order to convey the offers more effectively.

In the later stages of the mediation, the mediator will work with the parties to overcome any deadlock in reaching a settlement and help them to work on making sure that the settlement is practical.