The mediator may require either party to supplement the information. At that first meeting, the mediator explains exactly what the parties should expect. Good mediators explain that the process is entirely voluntary, that they are not judges and have no power to dictate solutions, and that the parties are free to terminate the mediation process at any time. A mediator does not have authority to impose a settlement on the parties but will attempt to help them reach a satisfactory resolution of their dispute. Although usually trained in law, the mediator is not supposed to give legal advice or psychological counseling.
Conferences are private.
The mediator may sometimes meet with both parties, sometimes with one of them privately. Other persons such as witnesses may attend only with the permission of the parties and at the invitation of the mediator. In a custody matter, for example, the mediator may want to interview the child privately, to determine the child's attitude toward the custodial arrangement or visitation rights. In conducting the interview, the mediator should not encourage the child to choose between the parents. With the approval of both parties, the mediator may obtain an opinion of a professional, such as a child psychologist, as to the best interest of a child.