For example, a dispute over a neighbor's tree may really have its roots in a perceived slur about the neighbor's race, religion or taste in motorcycles. If you're convinced that your opponent is totally unreasonable, you may wonder why you should waste time mediating. But experience shows that when the parties to a Small Claims Court case voluntarily agree to mediate, the overwhelming majority of disputes are settled. Settlement is especially likely when, deep down, one or both parties want to arrive at a solution that is at least minimally acceptable to the other party. This is particularly common in disputes between neighbors or small business people who work in the same area and really don't want the dispute to fester.
Mediation has other benefits, too.
People who agree to mediate their cases are more likely to be satisfied with the outcome than are small claims litigants who go directly to court, according to a 1992 study by the National Center for State Courts. One big reason for this is that people who arrive at a mediated settlement are more likely to pay up than are people who lose at trial. Mediation isn't a good idea in every case. Mediators can help with that, too. They have lots of practice at convincing reluctance people to sit down at the bargaining table.