Osborne's experience shows why mediation has become popular with small businesses that have internal and external conflicts to resolve. It gets both sides to the table to hammer out a solution rather than talking through lawyers. Unlike small-claims court, where the object is to win by presenting the strongest possible case, mediation requires the parties to listen, negotiate, and be willing to reassess their positions. Faster and less formal than litigation, it's often indicated when the parties want to minimize costs or preserve a working relationship. Unlike litigation or arbitration, no one forces a decision upon you.
Mediation is definitely less adversarial than litigation.
There's nothing soft and squishy about it, though. Proposing mediation shows you're serious about your interests. The subtext is you'll sue if your opponent declines the offer. Osborne says her ex-partner settled because the mediator showed him that he had plenty to lose if the spat went to court. Then the mediator talks privately with each side.