Before mediation begins, lawyers educate clients about the realities of mediation, including the roles of each participant. Clients are made to understand that opposing counsel's ridiculous-sounding arguments might not sound so crazy to a third party. The mediator's job is to identify the issues upon which the parties can compromise and to bring those issues to the table. Mediation is not viewed as just another bureaucratic step up the courthouse stairs. Clients understand that if they go to trial, they give up the right to decide their own fates, they put their destiny in the hands of a stranger, and they may well find the outcome intolerable.
Mediators make a concerted effort to maintain neutrality throughout the process.
The rules that apply to disqualification of judges also apply to mediators. The mediator must be an innovative, impartial facilitator who explores a multitude of alternatives to bring about an agreement. Generally, attorneys who have considerable experience in family law and substantial knowledge of the issues make the best mediators. A year as a circuit judge or equivalent position in which the court has exclusive original jurisdiction in divorce cases qualifies as a year of domestic relations practice. Michigan permits parties to choose the mediator if they can agree on one.