Many times the focus is upon rights and positions of each party. Mediated agreements endure over time because they are the direct result of the participants controlling the process thereby creating an outcome suited to their respective needs and interests. Mediation usually paves the way for future negotiations. When negotiation is complete, one party or the other may still feel that the final deal was not completely fair, or that the solution may have been impractical. This can lead to further problems during future negotiation.
Mediation usually leads to a quicker solution.
Depending on the situation, negotiation can be a very long and drawn out process. Mediation is informal, timely, confidential and less costly than litigation. It usually allows the parties to participate in the selection of the mediator who will assist them in the resolution of their case. It keeps the decision making process in the hands of the parties rather than having a judge or jury impose a decision. By lowering the intensity or level of conflict, it may enable the parties to preserve the relationship.