The mediator, in effect, creates a new forum where the disputants can candidly discuss their concerns. The mediator will not reveal anything from private discussions that one side does not want revealed to the other. Thus, the mediator often will have more information, and a more complete picture of the problem, than either party alone. By virtue of this unique position, the mediator can often help identify options for agreement that were not evident before. Also, the mediator can help assess the strengths and weaknesses of each party's case and help create realistic expectations.
Disputes often arise out of communication problems or sheer complexity.
Traditional adjudication sometimes exacerbates disputes, unnecessarily solidifies positions, and can result in protracted and costly litigation. Mediators are trained in communication and problem-solving skills, and a session with a mediator can facilitate a constructive exchange of views and develop previously unseen alternatives. Mediation allows you to control your dispute and resolve the problem yourself, rather than having a judge or some other official decide it for you. Mediation is also fast and economical. Even if you do not resolve the dispute, mediation frequently clarifies and narrows the issues so that litigation proceeds in a more rapid and focused manner.