A mediator does not have authority to impose a settlement but will attempt to help the parties reach a satisfactory resolution of their dispute. Although usually trained in law, the mediator is not supposed to give legal advice. While parties do not have to be represented by counsel at the mediation sessions, most claimants and employers retain attorneys in employment and business disputes.

Conferences are private. The mediator will meet with both parties, and then sometimes with each privately. Other persons including witnesses, may attend only with the permission of the parties and at the invitation of the mediator.

Counsel Comments: The mediator is hired as a consultant, jointly retained, to help the parties work their way through their problems to resolution. At some point the mediator may make a recommendation or proposal. Both parties can agree or disagree or come to a compromise of their own. The mediator will draft a report confirming the agreement. The report is then submitted to the parties for submission to their attorneys for incorporation into a formal document, such as a settlement agreement.