Nor does the mediator sit in judgment to determine who is in the wrong. Rather, the goal of mediation is a solution that addresses the concerns, needs, and interests of all parties to the dispute. The mediators set the ground rules. Each party then has an opportunity to offer their side of the conflict. The mediators ask questions to identify the key issues and set an agenda for the session.
Most parties come to mediation with fixed, opposing positions.
Rather than negotiate from these fixed positions, the mediators help the parties identify the interests, needs, and concerns that underlie these positions. This is called interest-based negotiation, in contrast to positional negotiation. And it is the key to successful mediation. Solving The session then moves into the problem solving stage. The mediators work with the parties to explore possible solutions which address the concerns, interests, and needs of the parties.