The second context in which mediation arises is private mediation. In these cases the parties to a dispute decide that mediation would be appropriate and select a mediator from among the many private providers who have gone into the business of offering these services. Mediation as a technique for resolving disputes first began in the area of family law, probably because the nature of the emotions involved often led to serious problems with positional bargaining and because the parties, like it or not, were often forced to have a continuing relationship because of children. Mediation in family law disputes was quickly recognized as a valuable tool, and courts and litigants soon realized that using mediation was not limited to family disputes but could be extended to other civil disputes as well. It is non-binding and thus permits client control of the outcome.
Mediation is relatively inexpensive.
Most sessions last no more than one or two days. The Mechanics of Mediation One of the advantages of mediation is its flexibility. A mediation session can be designed in any way that the parties believe would be most useful to the resolution of their dispute. Before the mediation actually begins, each side will submit a brief or statement to the mediator, which consists of a short summary of the party's position and includes any critical written material, e.g., contracts, etc. The mediation begins with a joint session attended by the mediator and all of the parties and their lawyers.