What are the advantages and disadvantages of mediating a dispute?
Mediation has the primary benefit of giving the parties control over the solution of their problem rather than having someone else, such as a judge or a jury, make the decision for them. In the informal mediation setting, parties can tell each other what they would like to tell each other without being constrained by court procedures and evidentiary rules. The parties also have more control over their timeline for mediating. Cases can be mediated before a lawsuit is filed or early in the litigation, in order to keep costs at a minimum. If the parties believe they need more information before mediation, then they can participate in more of the litigation discovery process before mediation is held. Mediation may not be the most appropriate avenue for resolving every dispute. In mediation, a third party does not decide upon a winner and loser, which in some cases may be needed and/or desired. Some disputes involve public policy issues that the parties cannot themselves resolve at mediatio
