| Mediation | | | | advantage of mediation is |
| As an alternative to litigation the | | | | confidentiality. With very few |
| process of mediation can help parties in | | | | exceptions, what is said during |
| a lawsuit evaluate the issues and come | | | | mediation cannot legally be revealed |
| to a settlement. This can be an | | | | outside the mediation proceedings or |
| efficient process to help resolve | | | | used later in a court of law. By |
| disputes. The key component of | | | | contrast, one of the drawbacks of going |
| mediation is that if an agreement is | | | | to court is that, by and large, |
| reached, the terms of agreement are | | | | everything said or submitted in |
| determined by the parties themselves | | | | connection with a lawsuit becomes |
| rather than being imposed by a third | | | | available to the public. |
| party. A neutral mediator assists the | | | | The use of mediation has increased as a |
| parties in reaching a voluntary, | | | | means to resolving many types of claims |
| negotiated agreement. Mediators use a | | | | and during the past several years this |
| variety of techniques and/or skills to | | | | process has become one of the most |
| open and/or improve dialogue between the | | | | widely used methods of arriving at a |
| disputants, with the purpose of reaching | | | | reasonable compromise settlement. This |
| an agreement regarding the disputed | | | | process may be especially beneficial in |
| matter. | | | | cases which are expensive and difficult |
| By participating in this process, the | | | | to litigate to a jury verdict. When |
| parties do not agree that they will | | | | approached effectively, it ends the |
| actually settle the dispute and the | | | | claim or litigation without any further |
| mediator does not have the authority to | | | | costs to the client. If it fails, the |
| impose such a settlement. The mediation | | | | parties proceed through the regular |
| process may be terminated at any time | | | | procedures of litigation and jury trial |
| without cause by either party. Another | | | | without any penalties. |