Think of mediation as an "assisted negotiation".  Let's face it, it is often difficult for parties to a dispute to talk to one another.  This is especially true when emotions run high.  Mediators are specially trained to help the parties have difficult or sensitive conversations.  Sometimes these conversations are face to face if the parties are comfortable doing so.  More often, the mediator meets with each party individually and delivers the messages, offers, and counter-offers on their behalf.  In this way, the mediator is able to take some of the "sting" out of the negotiation process and help the parties focus on their true interests and concerns arising out of the dispute.

In the construction dispute context, any manner of negotiation dynamics are possible.  The dispute may be between large and sophisticated corporations with capable legal counsel involving millions of dollars.  At the other end of the spectrum, the dispute may involve a homeowner and her builder over an issue making the peaceful enjoyment of her home difficult.  In any case, the issues and concerns are of vital importance to the parties.  The natural instincts of the disputants may be to fight with all of their might.  A mediator is often the means through which that "fight" is prevented from spiraling out of control.  If the "negotiations" can stay on track, the parties have an excellent chance of resolving their dispute.