The confusion was not limited to the public, but extended to lawyers, judges, and mental health professionals as well. While some confusion remains, the proliferation of legislation, court programs and the public profiling of mediation services has minimized at least the most raw forms of misunderstanding about the mediation process.
Parties are often confused and fearful of losing their rights and being taken advantage of.
Lawyers frequently believe their clients will be at risk, and they will lose business. Courts must be sensitive to monitoring fairness and the rule of law, and moving cases. Mental health professionals like the concept of settling conflicts in a less adversarial manner, but they are concerned for their clients well being and often confuse mediation with counseling. And, mediators run the risk of overselling themselves and the process and sometimes are not clear about their role as a mediator as opposed to a counselor, lawyer, or other expert. The mediator has only the authority the parties allow him or her.