Editing Mediation (section)

===Roles===
Mediation is in contrast to the process common in a court of law where advocates engage in contentious litigation on behalf of their clients, arguing  before a parental figure such as a judge or arbitrator. Both advocates and arbitrator effectively deprive the disputants of any responsibility for the outcome.by  imposing a solution.

During mediation the participants have to take personal responsibility for resolving their issues. The mediator takes no part other than to reduce the [[Appeal to emotion|emotional temperature]] and facilitate full and frank exchange of views, "[[Cognitive reframing|reframing]]" aggressive or insulting language into a rational, neutral statement of fact.<ref>[https://www.pon.harvard.edu/daily/mediation/types-mediation-choose-type-best-suited-conflict/ HarvardBlog: Types of Mediation: Choose the Type Best Suited to Your Conflict?]</ref>

====Mediator====
The mediator's primary role is to act as a neutral third party who facilitates discussions between the parties. In addition, a mediator serves in an evaluative role when they analyze, assess the issues, and engage in reality-testing.<ref>{{cite web|url=http://www.eternalalliances.com/mediation/what-is-a-mediator|title=Sign in – Google Accounts|website=www.eternalalliances.com}}</ref> A mediator is neutral and they are not the agent of any party. In their role, mediators do not offer prescriptive advice (e.g., "You should settle this case," or, "Your next offer should be X."). Mediators also manage the interaction between the parties and encourage constructive communication through the use of specialized communication techniques.

Finally, the mediator should restrict pressure, aggression and intimidation, demonstrate how to communicate through employing good speaking and listening skills, and paying attention to non-verbal messages and other signals emanating from the context of the mediation and possibly contributing expertise and experience. The mediator should direct the parties to focus on issues and stay away from personal attacks.<ref name="Lisa Nelson">{{cite web|last=Nelson|first=Lisa|title=What is A Divorce Mediator|url=http://sfmediators.wordpress.com/2012/07/14/what-is-a-divorce-mediator/|work=Mediation Blog|date=14 July 2012|publisher=Lisa Nelson|access-date=29 July 2012}}</ref>

====Parties====
The role of the parties varies according to their motivations and skills, the role of legal advisers, the model of mediation, the style of mediator and the culture in which the mediation takes place. Legal requirements may also affect their roles.<ref>In New South Wales the Law Society has published ''A guide to the rights and Responsibilities of participants''.</ref> [[Party-directed mediation]] (PDM) is an emerging approach involving a pre-caucus between the mediator and each of the parties before going into the joint session. The idea is to help the parties improve their interpersonal negotiation skills so that in the joint session they can address each other with little mediator interference.<ref>[http://www.cnr.berkeley.edu/ucce50/ag-labor/7conflict/ Party-Directed Mediation: Facilitating Dialogue Between Individuals] (on-line 3rd edition, 2014), by [[Gregorio Billikopf]], University of California.</ref><ref>[https://archive.org/details/PartyDirMediation_201404 Party-Directed Mediation] (on-line 3rd edition, 2014), from Internet Archive (3rd Edition, multiple file formats including PDF, EPUB, and others)</ref>

=====Authority=====
One of the general requirements for successful mediation is that those representing the respective parties have full authority to negotiate and settle the dispute. If this is not the case, then there is what Spencer and Brogan refer to as the "empty chair" phenomenon, that is, the person who ought to be discussing the problem is simply not present.<ref>Spencer, D. and Brogan, M. 2006. Mediation Law and Practice. New York: Cambridge University Press. p.54.</ref>

=====Preparation=====
The parties' first role is to consent to mediation, possibly before preparatory activities commence. Parties then prepare in much the same way they would for other varieties of negotiations. Parties may provide position statements, valuation reports and risk assessment analysis. The mediator may supervise/facilitate their preparation and may require certain preparations.

=====Disclosure=====
Agreements to mediate, mediation rules, and court-based referral orders may have disclosure requirements. Mediators may have express or implied powers to direct parties to produce documents, reports and other material. In court-referred mediations parties usually exchange with each other all material which would be available through [[Discovery (law)|discovery]] or disclosure rules were the matter to proceed to hearing, including witness statements, valuations and statement accounts.

=====Participation=====
Mediation requires direct input from the parties. Parties must attend and participate in the mediation meeting. Some mediation rules require parties to attend in person. Participation at one stage may compensate for absence at another stage.