The mediator merely helps the parties identify the issues in the dispute and possible ways of resolving them. Mediation is facilitated negotiation in which a skilled, impartial third party seeks to improve communication, identify interests, and explore the possibilities of a mutually agreeable resolution between the two conflicting parties. Typically the mediator helps facilitate negotiation by helping parties listen actively and communicate clearly, offering possible solutions, finding areas of common ground, and drafting a settlement agreement. There are a variety of mediator styles and approaches. Some mediators emphasize emotional or relationship issues while others focus on reaching a monetary compromise or a narrow set of issues.
Mediators can have legal expertise or be non-lawyers with other areas of expertise.