A mediator often asks questions, summarizes and restates what the parties have said. At various stages in the process, the mediator may conference privately with each party. While negotiations tend to focus on the opposing positions of the parties, mediation encourages parties to examine the underlying interests of their positions in the dispute. Moving from positions to interests often allows the parties to craft solutions that meet everyone's needs. If the mediation results in an agreement the mediator records the agreement.
Mediation gives the parties control over settlement of their dispute.
Mediation is usually much faster and cheaper than either litigation or arbitration. The involvement of a mediator can lead to a settlement in many cases where negotiations would have broken down Mediation can lead to a more satisfactory process and terms of settlement, with higher rates of compliance and customer satisfaction. Because mediation results in the parties examining their immediate grounds for dispute and the root causes of their conflict, they may find that their current and future relations are much improved. Arbitration can be used in any situation where the parties are legally capable of entering into an agreement to arbitrate. Many supply, purchase, sale or transaction contracts contain a clause which requires disputes to be decided by arbitration.