The answer in a word is the ‘mediator’.
Mediation as a process grew out of negotiation and they share many similarities. They are both voluntary and consensual. They are both creative and informal.
However, the key difference between negotiation and mediation, is the presence of the mediator. A mediator is trained to help facilitate the negotiation. This means more than setting an agenda and providing ground rules. Skilled mediators are adept at keeping the parties on track. They are able to know when the parties need time to vent and when they need to be steered back to a productive discussion.
Although, constructive negotiations can exist without mediators, a mediator will often help the parties to understand aspects of their dispute that they have not previously considered. This understanding may encompass:
- the parties' underlying motivations and interests
- the true causes of the dispute
- how the parties' own actions contributed to the dispute
- creative options for settling the dispute