Advantages Mediation, as compared to using the court system, is faster, less expensive, and avoids the uncertainty of a jury verdict. No one else decides - you and the party you share conflict with decide. Both parties are in control. In mediation, the terms of the settlement are confidential - unlike the court system. The process focuses on solutions not blame.
Mediation also helps unclog our court system.
If one side really thinks it will do better in court, the mediation process is hampered from the beginning. Finally, mediation requires considerable commitment to work on the conflict. Although anyone can offer to mediate a conflict, individual states can impose certain qualifications on mediators that are referred by the court system. Some states require mediators to be attorneys. Although the mediator is a facilitator, it is helpful that he or she have experience relating to the dispute.