Mediation generally sets an earlier deadline, which may result in the disputants considering settlement earlier than they might have in litigation. Mediation also provides an opportunity to educate the other party's decision maker as to the strengths and weaknesses of its case, as well as the opposing party's case. Another reason why mediation works is that by agreeing to mediate parties are usually agreeing to attempt to work out their dispute. The act of signing the mediation agreement may reduce the adversarial feelings. By agreeing to mediate, parties signal their desire at least to discuss settlement.
Mediation is inexpensive, confidential, and fast.
A typical mediation can last anywhere from a few hours to one or more days. Mediations rarely last more than a few days, even for complex or multiparty commercial or construction disputes. Moreover, mediations can be scheduled quickly and at any point in the life of the dispute. Thus, if a dispute is ripe for settlement at an early point, a mediation can usually be scheduled quickly. A mediator generally employs two processes to help the parties achieve a mutually agreeable resolution.