An important job of the mediator is to manage conflict and communication. Mediations are conducted through a series of meetings between the various participants. Depending upon the levels of conflict and communication observed between the parties, the mediator will chose between the use of caucus, which is a meeting between the mediator and only one side to the dispute, and the use of open meetings with multiple or all parties present. The mediator will typically shuttle back and forth between several meetings being held at the same time to convey offers and information pursuant to the instructions and approval of each of the parties.
Mediation, unlike litigation, is a private proceeding. There are no judges, juries, tape recorders or court reporters. All mediation communications are confidential. This affords the parties great freedom and flexibility to communicate and explore settlement. The parties may also invoke the confidentiality privilege during the course of the mediation to prohibit the mediator from disclosing, to the other parties, information communicated during a private caucus.
A good mediator asks lots of questions because the true underlying interests and motivations of the parties are usually not readily apparant. What people say is not always what they mean. Its up to the mediator to draw out the most important issues and "get to the bottom" of every dispute. It is important to ask enough questions before you can formulate the right solution. This is called the 5 Whys Principal. This principal states that only after you the question "Why?" five times, will you likely get to the root cause of a problem.
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