CEDR (UK), in its publication, The Mediator Handbook (4th Edition) at p21, describes why conciliation and mediation works as follows:

"Conciliation and mediation enables the parties to resume, or sometimes to begin, negotiations. The very presence of a mediator changes the dynamics of the negotiating process. The mediator brings negotiating, problem-solving and communication skills, and deploys them from a position of independence and neutrality, making progress possible where direct negotiations have stalled."

The mediator, as a neutral, is potentially in a better position than any party or representative to:

• win the trust of all parties
• facilitate communication
• focus the parties on the problem
• overcome emotional blockages
• help one party to understand the other party's case
• probe each party's case for interests, needs, strengths and weaknesses
• help parties assess their own case realistically
• suggest new avenues to explore
• overcome deadlock and help save face
• explore settlement proposals in depth
• assess realistically the chances of settlement
• win approval for settlement proposals.