Control and Choice:
The mediation process allows parties to retain significant control over both the proceedings and the outcome. They mutually agree on a neutral mediator, often someone selected for their expertise in the relevant field, ensuring confidence and trust in the process.

A Mediator is Not a Judge:
Unlike in arbitration or court, where an authority figure imposes a resolution, the mediator does not make rulings binding the parties. Instead, the mediator acts as a facilitator, assists with dialogue, helps the parties understand each other’s viewpoints (even though they often disagree), contributes ideas for potential resolution of the dispute, all with the ultimate goal of helping the parties both accept a settlement that will end (or prevent) the litigation.

Voluntary and Non-binding:
Mediation is a voluntary process. The mediator does not possess authority to enforce decisions. Any proposed solution emerges from the parties themselves, ensuring that nothing is agreed to without mutual consent.

Collaborative Problem-Solving:
Through guided discussions, the mediator assists in identifying common ground, clarifying interests, and helping the parties develop mutually acceptable solutions. The process often leads to more flexible and creative agreements than those handed down by a court.

Certainty and Confidentiality:
Since parties control the outcome, mediation gives actual control over the outcome, which a trial or arbitration will not give. Its goal is to given certainty and peace of mind, without the “roll of the dice” jury and bench trials often present. Of course, the discussions remain confidential, allowing for candor and honest negotiation in a safe environment.