The Role of the Mediator, and What It Is Not
What the mediator does
A mediator is a neutral third party who helps the parties reach their own settlement. They manage the process. The outcome belongs to the parties.
- Runs the process: sets the agenda, keeps discussions on track and decides when to meet jointly or separately.
- Listens in confidence: hears each side’s concerns in private sessions and keeps them confidential unless permitted to share.
- Reality-tests: asks hard questions about the strengths, weaknesses, costs and risks of each side’s case.
- Carries offers: passes proposals between the parties and helps frame them so they are heard.
- Widens the options: helps explore solutions a court could not order, such as apologies, payment plans or ongoing business terms.
What the mediator is NOT
- Not a judge or arbitrator. The mediator does not decide who is right or make any ruling.
- Not able to impose a settlement. Nothing is binding unless both parties agree and sign.
- Not your lawyer. The mediator cannot advise you on your legal position or tell you whether to accept an offer. That is your lawyer’s job.
- Not on anyone’s side. Tough questions from the mediator are part of reality-testing, not a sign they favour the other party.
- Not a witness. What you say in mediation is generally confidential, and the mediator will not normally give evidence about it later.
