The mediator will assess each party's commitment to a fair and honest process, help each party define personal goals and begin to identify the areas of agreement and disagreement. He/she will assist the clients in systematically working through each area of concern. Additionally, the mediator will manage conflict, orchestrate the data gathering, help the client explore various options and consequences and help facilitate communications.
The ground rules can be flexible to suit the circumstances and the parties. The mediator will not only be neutral but will care about the outcome and assist the parties seeing the other's point view.
When the outcome is successfully resolved, the parties have succeeded in reaching a resolution that they believe is fitting to their particular circumstances. In comparison to what would happen in the legal process - whereby a third party, namely a Judge would impose what he/she believes is a fair settlement for the parties. Mediation allows the clients to retain control over the outcome. It is commonplace for hopelessly entrenched parties to be coaxed into a new light by the intervention of a skilled mediator.