The power to reach the agreement or to withdraw from the process rests with both of you. The mediator will not tell you how to resolve the dispute. The mediator's role is not to dictate how to resolve the dispute. The mediator is in charge of the process. As the mediator, Mr. Fields is in charge of the process and, in managing the conflict between the two of you, will structure it in a manner best suited to a fair resolution based on full disclosure of all relevant information and informed decision-making.
Mediation is different from other dispute resolution options.
In this context, however, the reference is to submitting the case to a judge to make the decision because the two parties have been unable to settle it. This process can be costly and slow. It affords the individual parties less input into crafting a solution that is customized to their situation than is available in mediation. But sometimes this is the only way a case will resolve. Negotiating through Lawyers Just because the parties hire attorneys does not mean that the case will go to trial.