However, there will inevitably be situations in which it is inappropriate. If an Injunction is required or being opposed then this is usually a matter for the Courts. Similarly, where one party has a much stronger legal case than the other and Summary Judgment might be possible, it will be difficult for the weaker party to persuade the other to mediate. The saving of time and costs, often a massive saving. There is limited risk of cases turning into a fight over costs.
Mediation is also relatively cheap.
Counsel is not usually required. The mediator's fees are shared between the parties and are usually modest. Less client management time is involved. No publicity at a public trial. The client will be more closely involved, especially in any settlement.