Why use mediation?

A mediation process offers several advantages. First, it is private. Although protections for confidentiality vary from state to state, most states prohibit the later use in court of information disclosed in connection with mediation to some extent.

Second, mediation is an informal process. It requires preparation and planning, but often not to the degree of litigation and trial. Disputants are able to participate, regardless of their level of education and without any previous professional training.

Third, mediation is adaptable. The mediation process can be tailored to the parameters of the dispute and the needs of the parties.

Fourth, mediation can be fast and convenient. Once a mediator is selected, scheduling the mediation session(s) usually depends only on the availability of the mediator and parties. They can choose to meet at times that are preferable to them--during regular business hours, in the evening or on weekends.

Fifth, a mediation process can demonstrate “good faith” and can help to generate positive feelings and even good public relations.

Finally, the disputants remain in control of the outcome. Research has shown that mediation participants express a high degree of satisfaction with the mediation process. One of the reasons they like it is that they decide the result of mediation, rather than handing over decision-making authority to an external source (such as a judge or jury). Similarly, research has shown a higher rate of compliance with agreements that are made voluntarily by the parties than those imposed by a judge.