The mediation process is facilitative, and therefore non-binding on the participants. The mediator has no authority to make any binding decisions or to impose a resolution. The only compulsory feature of mediation is the mutually negotiated settlement agreement that is usually the result. Many features of mediation commend themselves for application to multi-jurisdictional eCommerce. An exchange of information commonly occurs in mediation, on terms agreed upon by the parties.
All parties participate in, and thus control, the process of tailoring the ground rules.
The process typically is far less adversarial than litigation or arbitration, and therefore less disruptive of ongoing business relationships. Because other options are not foreclosed if mediation should fail, entering into a mediation process presents few risks. Proven Track Record Mediation works - failure is the exception. Time and again, with the assistance of a skillful mediator, parties to a great variety of business disputes have succeeded in bridging wide gaps in their positions and in developing creative, mutually advantageous solutions. The principal precondition to a successful mediation is that the parties share a genuine desire to resolve the dispute promptly in an equitable manner.