What is the primary role of a mediator in the context of ADR?

The primary role of a mediator in the context of Alternative Dispute Resolution (ADR) is to seek common ground between disputing parties. Mediators facilitate discussions, helping each party understand the other’s perspective and interests. Their aim is to guide the parties toward a mutually agreeable resolution rather than deciding the outcome themselves. This process fosters collaboration and communication, which can lead to a settlement that is acceptable to all involved, without imposing a binding decision as a judge would in a court setting.

The effective functioning of a mediator hinges on their ability to remain neutral and objective, ensuring that all voices are heard and that innovative solutions can emerge based on the shared interests of the parties rather than focusing on adversarial positions. This distinct role differentiates mediation from other forms of dispute resolution, such as arbitration, where an arbitrator might impose a decision, or litigation, which typically involves a judge who rules on the matter.