Mediation if Voluntary - While mediation is sometimes ordered by the courts, it is a "voluntary" process.  Neither the Mediator, nor anyone else, can make the parties settle the dispute if they do not wish to.  All that is required is that the parties negotiate in "good faith".  That is to say that the parties should show up with the desire to resolve the matter and to participate in the negotiations in a meaningful way to bring about a resolution.  If the conflict is not resolved, the parties are left with their dispute to be decided in the courts or through some other means.

Mediation is Confidential - Because mediation facilitates the "negotiation" of a "private dispute" between "private parties", the terms, conditions and requirements of any agreement between the parties can be kept "confidential". Believe it or not, the courts want parties to a dispute to work out their issues for themselves.  Therefore, the courts deem that anything said by the parties during settlement negotiations is considered "confidential communication" and not admissible in a court of law.  The same benefits apply to mediation.  Any information shared with the other parties during mediation is considered confidential so as to encourage the parties to speak freely and creatively with one another in an effort to facilitate a settlement of the dispute.

To be fair, however, parties and their counsel should be aware that to the extent that the information is "otherwise" discoverable through legitimate means allowed by the applicable rules of civil procedure, then such information or evidence can be deemed admissible by the courts.

Mediation Provides Control - Litigation is our default process for resolving disputes in American today.  The litigation process concludes by asking 12 strangers to decide who is right and who is wrong, who wins and who loses. 

Mediation, on the other hand, allows the parties to "collaborate" in an effort to fashion a remedy that the parties can live with.  At the end of the day, each party had some "say so" over the outcome, some "control" over their own destiny.  For many, the result of a mediated resolution is preferable to the "forced result" afforded through litigation.

Mediation Can Save Time - Depending upon the nature of the dispute and the jurisdiction that one is in, it can take several months or even years for a matter to wind its way through the courts.  During this time, the dispute remains unresolved resulting in wasted time and distraction to the parties. 

Mediation offers the opportunity to "negotiate" a "resolution" any time the parties are ready to "put the matter behind them" and "move on".

Mediation Can Save Money - Unfortunately, the fuel that drives the litigation engine is money.  Anyone that has been a party to a lawsuit knows that the transaction costs associated with litigation can be quite onerous.  Depending upon the nature of the dispute, construction litigation can cost the parties tens of thousands and even hundreds of thousands of dollars just to prepare the matter for trial.  When one adds the lost opportunity costs associated with the time, energy, and distraction that it takes the parties to participate in the litigation process, the meter can run at a dizzying pace.

A successful mediation affords a "golden opportunity" to "stop the litigation meter" from running any longer than it has to resulting in "tremendous savings" for the parties and their insurance carriers.

Mediation Can Restore Relationships -   Construction disputes are often the result of simple misunderstandings that somehow get out of control. Mediation offers an opportunity for the parties to "mend fences" resulting in the "preservation of valuable business relationships" if the parties desire to work with each other again in the future.

Mediation is Satisfying - Many find the mediation process to be a satisfying experience to the extent that it affords them the opportunity to "have their say" about how the dispute has affected them from a personal or professional perspective.  Once those issues are on the table, the parties are often free to "think creatively" about possible solutions to the complex issues that face them.