Answer: The mediator is a neutral facilitator – not a judge and not on anyone’s side. They might be an attorney or a retired judge trained in mediation, but in this role they do not decide who’s right or wrong. The mediator’s job is to help both parties communicate and inch toward a possible settlement. They don’t have authority to issue rulings or force anyone to do anything. Think of them as a go-between or a referee for the negotiation. They will usually spend time talking privately to each side, getting a sense of the facts, the pain and losses you’ve experienced, and what each side wants. They might shuttle offers and counter-offers back and forth. They may also help clarify issues, ask questions, or play “devil’s advocate” to help everyone understand the risks of going to trial versus settling. Importantly, the mediator is impartial – they are not there to judge the nursing home or to judge you; they are there to facilitate a conversation. Sometimes people worry the mediator might favor the nursing home since they might be hired by the court or agreed on by both parties, but mediators are ethically bound to remain neutral. They won’t take sides or pressure you to accept something you don’t want. Their goal is simply to help find common ground. If you feel at any point that the mediator is pushing too hard or you’re uncomfortable, let your attorney know. But generally, mediators in these cases understand the sensitive nature and try to build trust with both sides. Remember, the mediator cannot make any decisions about the outcome – that power stays with you and the other party.
