That was no idle exercise. Good process leads to good substantive results, and how an agreement to talk is obtained, structured, and implemented can determine the success of the talks. The issue of how disputes between you and the Other will be resolved may already have been decided. Usually, however, a positive approach will be more useful. They have a mutual interest in a relatively swift resolution.
Litigation appears long, expensive, and risky for both.
Both feel they are being pushed into litigation by a whirlwind of accusations and arguments. Although they have strong emotions, mediation would allow the parties to vent negative feelings and then look more objectively at ways to meet underlying interests and jointly solve problems. Time is important. A good mediator is available to help them communicate. One party s claim or defense is frivolous and can easily be disposed of in court.