What exactly does a mediator do?

Mediation is an attempt to resolve differences by structured negotiation. The mediator does not dictate the flow of the negotiation, neither does he seek to impose his thoughts on what a proper settlement would look like. It is the parties' process, and the parties take charge of the outcome.

If that be the case, what then is the role of the mediator? Whilst a mediator does not control the outcome of mediation, he does control some aspects of it. Primarily, the mediator controls the environment in which the mediation takes place. This includes setting the right frame of mind for each party going into the process, laying down some ground rules, helping parties listen to each other, down to the nitty-gritty of ensuring the physical set-up of mediation is conducive.

Of course, when it is said that a mediator controls the process, that does not at all mean the mediator imposes himself on the parties. Neither does that mean the mediator ensures the process would be smooth and peaceful throughout. On the contrary, some letting off of steam may just do everybody some good.

It does mean, however, that parties are given every opportunity to ventilate their views and listen to the other side, and that they would understand clearly what their best alternatives are going forward.

In the end, a mediator is not so much a director as he is an active spectator whose input should be limited to keeping the parties on the discussion track.

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