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