Is a mediator like a judge?

A mediator is unlike a judge for several reasons. Most importantly, a mediator will not, and should not, try to decide who is right or who is wrong. Even if a mediator is a former judge who is not a mediator, he/she should not give the impression or tone that they are judging the issues. A mediator will not impose his or her conclusions about how the case should be solved, or what the parties should do. A mediator might offer suggestions, but the most effective mediators will enable the parties to generate their own options for resolution. Parties in a mediation don’t need to spend time convincing the mediator that their side is right, because the mediator will remain neutral, and won’t have the opportunity to make any kind of ruling on the case. Because the mediator won’t take sides, it’s usually OK for parties or their attorneys to speak privately about the case with the mediator without the other side present.