There are those in favor of mediation and those against mediation. It is also said that mediation is dangerous and counter-productive if attempted during litigation, because the stay of proceedings it most often entails will only benefit the defendant. Third, mediation will generate additional costs, because even if an agreement is reached, it will not be embodied, unlike a judgment or an award, in a self-executing, readily enforceable, instrument. The above first and third arguments against mediation are not serious and may rather easily be countered. Four arguments are regularly put forward in favor of mediation.
Mediation is a success story.
Third, mediation is not costly. In fact, it is a real bargain if one thinks of the costs generated by heavy litigation or a large arbitration case. Finally, mediation has the potential to break deadlocks. In a mediation, which is well conducted, a sort of miracle happens. The parties will again listen to each other, even speak to each other.