Mediation has become an increasingly popular method of cost-effective dispute resolution.  Often, parties lack the resources or the desire to expend the amounts necessary for litigation. By participating in mediation, the parties can work towards an agreement and save time and money which would otherwise be spent litigating their claims.

Courts will often refer parties to mediation in the hopes that a case can settle without the time and expense of trial. Parties also have the option of agreeing to attend mediation, either before or after a lawsuit has been filed. In deciding whether a case should be mediated, it is important to note the following aspects of mediation:

Voluntary
Mediation is voluntary.  Although a court may order parties to attend mediation, you can end the process at any time for any reason, or no reason. If you are thinking of leaving, you are encouraged you to speak up and let the mediator know why. The reasons that you are thinking of leaving can become conditions for your continued participation. For example, if you are thinking of leaving because you do not feel heard, presumably you would continue in mediation if you felt heard.

Collaborative
Mediation is a collaborative rather than an adversarial process. You are encouraged to work together to solve your problem(s) and to reach what you perceive to be your fairest and most constructive agreement.

Controlled
Mediation allows the parties to have control over their case. You have complete decision-making power. Each of you has a veto over each and every provision of any mediated agreement. Nothing can be imposed on you. A mediator cannot force either party to enter into an agreement and cannot order either party to do anything.

Confidential
Mediation is confidential, to the extent you desire, be that by statute, contract, rules of evidence or privilege. Mediation discussions and all materials developed for a mediation are not admissible in any subsequent court or contested proceedings, except for a finalized and signed mediated agreement for enforcement purposes.

Informed
The mediation process offers a full opportunity to obtain and incorporate legal and other expert information and advice. Individual or mutual experts can be retained. Obtained expert information can be designated as either confidential to the mediation or, if you desire, as admissible in any subsequent contested proceeding. Expert advice is never determinative in mediation. You, as parties, always retain decision-making power. Mediators are bound to encourage parties to obtain legal counsel and to have any mediated agreement involving legal issues reviewed by independent legal counsel prior to signing. Whether legal advice is sought is, ultimately, a decision of each participant.

Impartial, Neutral, Balanced and Safe
The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another, nor should the mediator favor a particular result in the mediation. The mediator's role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation. If you ever feel that the mediator is favoring one party over another, or any particular result over another, or if you should ever feel intimidated or otherwise unsafe in mediation, speak up. The mediation should not continue unless you come to be satisfied in all of these regards.

Self-Responsible and Satisfying
Based upon having actively resolved your own conflict, participant satisfaction, likelihood of compliance and self-esteem are found by research to be elevated through mediation.