In mediation, who typically acts as the mediator?

In mediation, the role of the mediator is crucial, as they facilitate communication and assist the parties in reaching a mutually acceptable resolution. A trial attorney or retired judge often serves in this capacity due to their extensive experience and understanding of legal processes, conflict resolution, and negotiation strategies. These individuals typically possess strong skills in managing discussions between parties, guiding them toward finding common ground, and ensuring that the mediation process remains constructive and focused.

While other professionals, such as professional negotiators or arbitrators, may also be involved in dispute resolution, their roles differ from that of a mediator. A professional negotiator primarily aims to advocate for one party's interests, while an arbitrator makes binding decisions after hearing arguments from both sides. A legal assistant, on the other hand, does not usually possess the qualifications or authority to mediate disputes effectively. Thus, the expertise and background of trial attorneys or retired judges make them particularly well-suited for the role of mediator in mediation processes.