Many times these discussions lead to a resolution of the dispute. The entire process is completely voluntary. The mediator does not have the ability to rule on any issues or to make any kind of final determination. The most important advantage is the fact that the parties have control over their destiny. The litigants actually help fashion the final decision as opposed to a trial where a judge or jury simply tells the parties what is going to happen.
Mediation also allows everyone to be much more creative.
Once the parties begin to think outside the boxes imposed by the rules of evidence and civil procedure, it is amazing at the different results which can be explored. In effect, mediation allows the parties to have their day in court without the costs and hassles of having a real day in court. Every lawsuit has personal overlays that often prevent parties from being able to objectively review their position. Simply having the opportunity to discuss these feelings before a mediator frequently helps a party see the lawsuit from a different angle. Finally, mediation can help reduce many of the costs associated with a lawsuit.