ion and their outcome in mediations are confidential. Most states guarantee their confidentiality. See, for example, California Evidence Code section 1119. A rare exception would be where the mediator learns during the mediation of events which he is duty bound under the law to report to the authorities, such as evidence of child abuse.
In negotiations, the parties attempt to resolve their dispute without the intervention of a third party. In mediation, the mediator seeks to use his influence to facilitate a resolution of the conflict. In order to achieve such an outcome, he must "have power over the mediation process" (Biancardi, 1998, p. 19). That power, which essentially involves the ability to guide and channel the discussions and to ensure their fairness, fundamentally depends on the trust engendered by the mediator in the parties to the dispute.
Although this option is not always open to him or her, the mediator after his selection should learn as much as he or she possibly can about the parties to the dispute and its background before the mediation. For him to be perceived by the parties as neutral, he must ensure through preliminary investigation that there are no conflicts of interest, real or apparent, between himself or herself and the parties to the mediation.
The first step in the mediation process itself is usually the mediator's opening statement or monologue. Its purposes are four-fold: (a) set the tone for the mediation; (b) demonstrate the mediator's competency; (c) establishes his or her leadership; and (d) fosters confidence of the parties in the mediator and in the process of mediation. Each mediator uses his or her own techniques for accomplishing these purposes, but in addition to conveying basic information concerning the mediation, the mediator must establish some basic ground rules f
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