Participation in mediation may or may not be voluntary. For example, some courts require that certain cases be referred to mediation before a trial can be scheduled. Either way, the mediator cannot force you to settle the dispute or to accept a particular solution. A common reason for choosing mediation is that the mediator helps the parties reach an outcome that satisfies them rather than one aimed at proving right and wrong. Through mediation, parties are able to work together to reach a solution which can be more creative than that which a court would impose.
Courts are somewhat limited in the remedies that they can provide to resolve disputes.
The cost of mediation is usually shared between the parties. In most cases it is not necessary for lawyers to be present during the mediation process. Situations that lend themselves well to mediation are certain family disputes, business disagreements, contract disputes, insurance claims, as well as employment and environmental issues, to name a few. If gender or cultural differences are making it difficult to resolve issues or conflicts or if there is such a clear inequality in bargaining power so as to make you question whether you could resolve your issues through mediation, talk to someone about your concerns. Choose the process that is best for you.