Some see it as the wave of the future in conflict prevention and resolution. The reason for mediation's growing popularity is not hard to discern, when Chief Justice Burger's comments are considered. Beyond the pain and cost of litigation, mediation has several other advantages. Generally mediation is voluntary and non-binding. No one can be forced to participate and parties can withdraw if they become dissatisfied with the process.
Mediation directly involves the disputing parties in crafting a solution to the problem.
This fosters a greater commitment to the settlement, since it was not imposed from the outside. It also provides for a more flexible solutions than litigation. Finally, mediation offers a way to a speedy resolution of a dispute. Rather than years, the mediation process can be arranged and concluded in weeks, at a fraction of both the emotional and economic costs of litigation. As the use of mediation has grown throughout society, its use in real estate matters has exploded.