The mediation process involves the parties being given an opportunity to explain how they view the dispute. The dispute is then reframed as a problem and broken into definable issues or an agenda for discussion. The parties work together to create options which will satisfy their needs. In these two respects it differs from most other dispute resolution processes. Those who are entering into the mediation process should not take the dispute any less lightly than if it was the subject of court proceedings.
Preparation is essential to a satisfactory outcome.
This means careful examination of the strengths and weaknesses of their case and the cases of the other parties. Parties should have a clear idea of what they have to achieve in order to be able to settle and to be able to live with the result. Mediation will not always be appropriate. Most commercial and relationship disputes are suitable. The types of dispute that are suitable for mediation cover a wide range of subjects from trademarks, property disputes, partnership dissolutions, testamentary promises, construction and engineering issues, all the way to major international and political disputes.