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. Mediation can be and has been employed in a wide variety of cases with a range of complexity, from small claims and disputes amongst neighbours to large commercial cases and public disputes, negligence and personal injury cases, disputes involving employment, divorce and family issues, consumer issues, construction, contracts, corporate transactions, and intra-institutional issues. The parties may agree to take additional steps to ensure further confidentiality.