This allows the exploration of settlement.
The mediator is not there to take sides. The mediator is there to facilitate discussion, facilitate exchange of information, play devil's advocate and make the parties understand the consequences of litigation. The ultimate decision to settle is the parties’ decision
Mediation brings flexibility to the conclusion of a dispute that litigation cannot do. The needs of the parties can be explored in great depth, which may not necessarily happen in a trial. A mediator can assist the parties in exploring solutions to their problems, tailoring the mediation to suit the parties’ problems as they arise throughout the day.
THE MEDIATOR IS NOT THERE TO TAKE SIDES. THE MEDIATOR IS THERE TO FACILITATE DISCUSSION, FACILITATE EXCHANGE OF INFORMATION,PLAY DEVIL’S ADVOCATE AND HELP THE PARTIES UNDERSTAND THE CONSEQUENCES OF LITIGATION. THE ULTIMATE DECISION TO SETTLE IS THE PARTIES’ DECISION.