You may be better positioned to pursue your case in arbitration after a mediation. There is no point in mediating if I've got a sure winner. It can still take thousands of dollars, hours of legal work, and many hours of lost employee time before your adversary finally figures this out. A mediation session can be scheduled within days or weeks of the parties' agreement to mediate, and a settlement reached before such an expenditure of time and money becomes necessary. Arbitration or litigation can produce unexpected outcomes.
Mediation is really just a lot of psycho-babble.
I win because I can make the other side lose . Mediation is for wimps. Mediation opens new opportunities to settle. Experience shows that both sides will benefit from a well-crafted settlement that they help create. Inc. All rights reserved.