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