Unlike the arbitration process, mediation presents the parties with a unique opportunity to retain control over the outcome of the dispute.  The parties are the ultimate decision-makers and a meeting of the minds must be reached through negotiation to achieve resolution of the case.  Arbitration and litigation, on the other hand, necessitate placing the decision regarding resolution in the hands of a third party – arbitrator, judge, or jury.  No third party is able to understand the nuances of a case as well as the parties themselves.  With the guidance of a skilled mediator, the parties themselves can explore creative options to arrive at the most advantageous (or least detrimental) solution for all involved, resulting in a higher rate of satisfaction with the outcome.  Mediation often leads to improved communication which allows the parties to restore, preserve, and even enhance their relationships.

Mediation is also less formal than arbitration, consisting largely of private conversations with the mediator.  While evidentiary rules may be considered in discussions with the parties in the context of analyzing what might be allowed in court, the parties are not restricted in what evidence/practical aspects of the case they can share with the mediator during the process.  In addition, the mediator will not share that information unless specifically authorized to do so.

When negotiations between parties fail, resolving a case through mediation is the fastest and often most economical way to reach a settlement.  Depending on how much time in mediation is required, arbitration, which is a more formal process than mediation, may result in similar expense but the parties do not retain control over the outcome.  Litigation is far more costly than either arbitration or mediation as a mean of resolving disputes and results in less satisfaction among parties that “win” and those that “lose” in court.