What Not To Expect From Your Mediator

Often, parties who have never been through a mediation believe that if they are able to convince the mediator that their side will prevail in court, the mediator will in turn “lean” on the other side to settle on terms that are favorable to the other party.  This, however, is not the role of the mediator.

The mediator does not function as a judge.  The mediator’s role is not to provide legal advice, or to be an advocate for the party that may be the most likely to prevail in court.

Instead, the role of the mediator is to provide a neutral forum and to facilitate the development of an acceptable solution to the problem at hand.    While the laws and legal precedent will be instrumental in determining a “winner” if the matter goes to arbitration or court, the goal of the mediation is to help the parties reach a solution acceptable to them (rather than having the result determined for them by a judge, jury, or arbitrator).

As a participant in a mediation, what should you do?  First, work with your legal counsel to identify the strengths and weaknesses of your case.  Second, think about a solution that might be in your best interest and also acceptable to the opposing party.  Third, understand that successful mediation usually results from the participation and hard work of all the parties involved in the mediation to develop an acceptable resolution.