CEDR (UK), in its publication, The Mediator Handbook (4th Edition) at p21, describes why mediation works as follows:
“Mediation enables the parties to resume, or sometimes to begin, negotiations. The very presence of a mediator changes the dynamics of the negotiating process. The mediator brings negotiating, problem-solving and communication skills, and deploys them from a position of independence and neutrality, making progress possible where direct negotiations have stalled.
The mediator, as a neutral, is potentially in a better position than any party or representative to:
- win the trust of all parties
- facilitate communication
- focus the parties on the problem
- overcome emotional blockages
- help one party to understand the other party’s case
- probe each party’s case for interests, needs, strengths and weaknesses
- help parties assess their own case realistically
- suggest new avenues to explore
- overcome deadlock and help save face
- explore settlement proposals in depth
- assess realistically the chances of settlement
- win approval for settlement proposals.”
