The mediator then meets with each side separately, or caucuses. During the caucus, the mediator will candidly share his or her thoughts and opinions on the merits of each position, acting as a go-between to suggest reasonable compromises to resolve the dispute. That means 90 percent of the time, when you sit at a table with a mediator, you're going to walk out with a settlement. And that can happen in as little as 10 days. Many state and federal courts have free mediators available, though these individuals may not have direct experience in your industry.
Mediation is only the starting point.
Although mediation, if it fails, is an additional cost on top of the litigation or arbitration cost, it's usually pretty modest. Of course, if it succeeds, it saves you a bundle, which should be attractive to the small businessman. Neesemann says don't be surprised if your lawyer balks at the idea of mediation, however. They're more intent on winning than resolving. On the other hand, Meade says attorneys will sometimes encourage mediation when a client just won't listen to reason.