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Unlike the judicial and arbitration processes, the mediation process gives disputing parties ownership of their dispute.

Owning their dispute empowers the parties to go “beyond the facts of the case”. With the mediator’s help, the parties may arrive at their best solution by also considering the personal characteristics of the parties, their relationship, what the parties consider critical to the dispute, and any long term consequences.

Bottom line, in addition to efficiency, mediation can enhance the quality of the final outcome by encouraging higher levels of participation between disputing parties. The mediation process allows parties to resolve disputes on terms they mutually agree to as opposed to leaving the decision to a judge, jury, and/or arbitrator who may not know the parties or understand the issues as well as the parties do.