They do not report what happens in the privacy of a mediation session. Mediators will conduct the mediation fairly and ensure the mutual respect among the parties. The mediator is not a judge, advocate, lawyer, counselor, psychiatrist, or therapist. The mediator does not have the power to force a decision on either party and does not offer an opinion on who is right or wrong. Co-mediators may also be used when a more experienced mediator is training a less experienced mediator.
Confidentiality is critical to the success of the mediation process.
Its purpose is to provide a forum in which a party can have full and free discussion with the mediator about the dispute. A mediator, except in very unique and narrowly defined areas, cannot be compelled to disclose what was said during the caucus. Also, the parties may take additional steps to ensure further confidentiality of the mediation by signing a confidentiality agreement. A mediator will not discuss private conversations with other parties or persons who are not participating in the mediation. Mediators do not prepare or submit reports on the substance of the dispute or the issues discussed during the mediation.