It is usually less formal and more flexible than trial. Each case must first be assessed to determine its suitability for resolution through negotiation. The position of both sides has merit and, if tried, the range of possible outcomes for the dispute is broad. It is advantageous for both sides to have a greater degree of involvement and some control over the outcome of the dispute. The mediator may help break a stalemate or diffuse emotions and hostility which are impeding a settlement Inflicting damage to the opposing side is not of primary interest.
Help is desired in deciding upon or minimizing the amount of discovery needed for the case.
The case does not have a significant amount of money at stake and is not worth the expense of trying. Jim and the Neighbors Discover Mediation Jim went to the company as his first attempt at resolving his conflict. He called everyone he could find, including the Governor's office. At one point he admits to having contacted the Coast Guard , because the agency lists chemical spills among its responsibilities. In every case, he was rebuffed.