In the mediation process, a third party neutral works to facilitate a negotiated settlement between the parties. The mediator facilitates the negotiations and discusses the relative merits of the claims and defenses. The neutral does not have power to impose a solution or decision-the parties retain ultimate control over the outcome. The terms of the agreement are limited only by the interests and creativity of the parties and the neutral.

By agreement and permission of the parties, the neutral sets the ground rules and may profoundly affect the order of the proceedings, the parties' collective and individual analyses and the general dynamic of the settlement discussion.