In contrast, when they go into court or to arbitration, a judge or arbitrator will decide the case and one or both parties might not be happy with the decision. So, in mediation, the parties retain control because their case is not settled unless each voluntarily agrees to the settlement. And it is up to the talent of the mediator to help them find a settlement that did not previously appear to be possible. Selecting a Mediator. Once the parties have agreed to try mediation, their first step is to select the mediator.
Mediators come from all backgrounds and disciplines.
Further, some mediators are known to be more assertive in moving the parties toward a settlement, while others are more passive in their style, so the parties should select and agree upon a mediator who has the background that they want and the style they feel it will take to work with everyone who will be at the table. Most mediators provide a resume and cover letter that explains their background, prices and style so the parties can select among potential mediators for the one who is best suited to their needs. The Mediation Process. Because different mediators employ differing styles, and because mediations take on their own personalities that are made up of the personalities of the parties and the nature of their dispute, it isn't possible to say exactly how any given mediation will proceed. Most offer an opportunity for each party to tell his or her story, and for the other party to listen and try to understand the dispute from his or her opponent's point of view.