Mediators are neutrals. A mediator is not a fact-finder, and
should not act as a judge to decide the merits of a case. The role
of a mediator is to be a facilitator, to assist the parties in
finding a mutually acceptable resolution of their dispute, not to
dictate that resolution. At the start of a mediation, everyone
usually agrees that this is the mediator's role. Yet, part of
the mediation process is an attempt by each party to convince the
mediator that the other party's position is wrong so that the
mediator will put more pressure on the other party to alter its
bargaining position. After a day of shuttling back and forth
between the parties, a mediator often has a good sense of whether a
settlement can be achieved, even if the parties have not found
common ground. The parties may appear to be dug in to their final
positions, and neither will make another offer. It may appear that
the mediation has failed, but it may only be that neither party is
willing to make
