In a sense, the mediator also acts as a translator, translating what each party says into terms that the other party hears without feeling attacked or judged. At the conclusion of the mediation, the mediator drafts the agreement for the parties. There is very little downside to mediation, even if an agreement is not reached. The process is voluntary, and if it is not progressing, that usually becomes clear early in the process. From that perspective, very little expense is incurred because the mediations that do not reach agreement generally terminate rather quickly.
Some parties use mediation proactively.
For instance, if parties anticipate a problem arising in the near future, they may use mediation to facilitate a dialogue and agree ahead of time as to how that problem will be handled. One other method of providing for mediation on an ongoing basis is to hire a mediator on retainer for disagreements that may arise over the course of a designated period of time. Most often, parties contact a mediator when they recognize a conflict has arisen and is not going to go away. When this happens, it is never too late to propose mediation. There is very little to lose in doing so, and so much to gain.