David P. Smith, formerly a Marine Corps Captain and veteran of Vietnam, is now an Attorney-Mediator practicing in Louisiana. He has an understanding of war, litigation, and mediation. David says the ideal comparison to mediation is journey, because, through mediation, a mediator attempts to take the participants on a journey - a journey to the resolution of their lawsuit or dispute. Competitive behavior, a characteristic of litigation, results only in destruction - for both sides. Language is the mediator's tool, and successful mediation is an art.
Mediation is safe and non-binding unless the parties specifically agree otherwise.
Therefore, parties to mediation proceedings have nothing to lose, and much to gain, by controlling the outcome of their dispute through the help of a trained mediator. In other words, with mediation, you cannot become a litigation casualty. The parties to the dispute are empowered to determine the outcome of the dispute with complete confidentiality. Therefore, through mediation, unlike a public trial, the parties are able to resolve their dispute in complete privacy. The mediation process is flexible, but it follows a pattern to reach an agreement.