This process allows the parties the opportunity to confer confidentially with a neutral third party who will not ultimately judge the merits of their case. Hopefully the parties will develop trust and confidence in both the mediator and the mediation process. If the mediation is successful, the mediator drafts a memorandum of agreement to be submitted to the parties and their attorneys. This agreement outlines the agreement entered into by the parties. Sometimes the agreement is actually drafted during the mediation session.
Mediation works because it adds a new dimension to the negotiations.
There are a number of different styles used by mediators. These include the Facilitator, the Instigator, the Evaluator, and the Referee. A Facilitator focuses on establishing the process and trust in the process and does not suggest particular solutions. On the contrary, the Facilitator expects the parties to provide possible solutions to their settlement. An Instigator, on the other hand, takes a more proactive role in suggesting solutions and analyzing the strengths and weaknesses of the parties ' cases.