Usually, however, a positive approach will be more useful. They have a mutual interest in a relatively swift resolution. Litigation appears long, expensive, and risky for both. Both feel they are being pushed into litigation by a whirlwind of accusations and arguments. Although they have strong emotions, mediation would allow the parties to vent negative feelings and then look more objectively at ways to meet underlying interests and jointly solve problems.
Time is important.
A good mediator is available to help them communicate. One party s claim or defense is frivolous and can easily be disposed of in court. There is a compelling reason one party wants to delay resolution. Advantages Whatever approach is taken should stress the mutual advantages of using mediation to resolve the dispute. Mediation is voluntary, and either party can terminate the process at any time, so neither party is able to intimidate, exploit, or manipulate the other.