Unlike courtroom battles, in mediation the exchange of information and the process of reaching an agreement remains confidential.
The expense of mediation is typically far less than litigation even when knowledgeable decision making requires the use of outside experts or resources.
In mediation you have the power and flexibility to control the process of reaching an agreement. You reach an agreement in your own time and in your own way. Any decisions reached will be your decisions, not those imposed by a court, arbitrator, or evaluator.
Mediation is a process which promotes cooperation not conflict. Rather than pitting one party against the other, mediation requires people to work together to recognize and advance mutual concerns. It attempts to accomplish a “win-win” result rather than a “win-lose” resolution.
Mediation is not bound by the legal system but by the parties’ sense of fairness. This allows solutions a judge might not be able to grant – even if he or she wanted to!
The process requires cooperation to work. The parties develop cooperation and communication skills which can minimize later disputes or assist in the resolution of them. Further, and importantly, people who participate fully in reaching an agreement have a higher degree of compliance with the terms of the agreement than people who have a result imposed upon them.
Helen Peters, Attorney-Mediator