What is one duty of a mediator during a mediation session?

The role of a mediator during a mediation session primarily focuses on facilitating communication and understanding between the parties involved. One of the key duties is to help parties identify interests, which involves guiding them to express their underlying needs and concerns rather than just their positions or demands. By identifying interests, the mediator can assist the parties in finding common ground and exploring potential resolutions that may satisfy their shared goals and concerns.

This is crucial because mediation is a collaborative process aimed at enabling the parties to reach an agreement that works for them, rather than imposing solutions. A skilled mediator creates an environment where each party feels heard and understood, fostering a productive dialogue that can lead to mutually agreeable outcomes.

In contrast, making binding decisions for the parties would move the situation into arbitration rather than mediation, while encouraging parties to argue would undermine the cooperative nature of the process. Finally, disclosing private meetings, commonly known as caucuses, would violate confidentiality and trust, essential elements in a successful mediation. Therefore, helping parties identify interests is fundamental to the mediator's role in fostering effective negotiation and resolution.