The function of the mediator is to manage the process for the parties, to get them talking, to help them better understand the problems and to help them reach a solution that meets their needs. The mediator keeps the conversations going and focused. Where there is a will to address conflicts constructively and creatively, mediators provide the necessary skill..

The mediator sets the tone for the negotiations. Right from the beginning, the mediator tries to create an atmosphere conducive to discussion. In Settlement Meetings, there is usually a certain amount of posturing." On the other hand, the mediator will discourage intimidation, threats or bottom-lining. The mediator can remind the parties to take a more co-operative and less competitive approach. Because the parties have usually experienced a significant breach of trust, responding to trust issues is one of the most challenging tasks for a mediator.

The emotional consequences of the breakdown of relationships in family disputes cannot be overstated. Lawyers who are working hard to advocate for their clients may miss the emotional significance of some of the matters that cause the most grief and about which a person becomes most intransigent. Family mediators consider the emotions and the feelings that the parties are experiencing which can be a significant obstacle to settlement.

Mediation does not mean "giving in" or "giving up". Mediation clients are no "nicer" than the ones who go to court. The difference is the process: in a positive environment, the parties find practical solutions that work for both of them.

Mediation can be effective even when conflict and anger is high, and communication has broken down. Some people are concerned that they will not be able to negotiate effectively with the other party and then they will lose. But with a trained mediator, the parties can trust that they are not going to be abused or taken advantage of by the other party.

www.take2mediation.com