The mediator identifies issues, looks for areas of agreement, proposes ideas, questions assumptions and helps the parties to resolve their dispute. If agreement is not reached, the parties can proceed with arbitration or litigation. Mediation is not learned in the practice of law or on the judicial bench. It is a skill requiring special training as well as experience that comes from facilitating many settlements. In the community of mediators there are many types of different mediation styles.
Thrashers tear the case apart and put it back together in a realistic framework.
Bashers are often retired judges who bash away at offers and demands, pushing the parties toward a middle ground or what the mediator thinks the case is worth. Hashers refuse to offer their opinion of the value of the case, believing that it contaminates the negotiation. By way of example, a vertical problem solver who comes to a door that is stuck or locked will push harder, bang on it, and when all else fails, try to kick it in. A horizontal problem solver will look for other ways to get in - through another door or perhaps a window. Arbitration is well known to most attorneys.