While every case is unique, sometimes, mediation is an ideal solution that saves both parties time, money, and headaches. There are certain circumstances that lend themselves to mediation. Let's take a look at when it can be a good option for a favorable resolution. 

First, let's define mediation: Mediation is a legal process where a neutral party assists two conflicting parties in reaching an agreement without going to court. 

When is mediation a good option?

Mediation is a good option:

• If the parties want to preserve their relationship with one another. Construction disputes, Landlord and tenant disputes, neighbor disputes, disputes with your condo or HOA, and personal injury negligence cases may lend themselves to mediation.

• If the dispute truly warrants the time, energy, and money necessary to resolve the conflict. While mediation is far less expensive than litigation, it isn't free. Parties should carefully weigh the pros and cons of mediation to ensure the process is worth the financial and emotional investment.

• If direct negotiations have stalled or failed. Direct negotiation is usually the best first option for resolving disputes quickly and cost-effectively, but if they stall or end altogether – as they often do – formal mediation may be the next step.

• If the dispute has room for compromise. Sometimes, legal disputes demand a clear ruling from a judge. Other times, however, each party has room to compromise and reach an agreeable solution–this is when mediation is ideal.

Keep in mind that according to the American Bar Association, a well-trained mediator can settle more than 75% of pretrial disputes; the most skilled mediators have closure rates approaching 95%. 

What Can I Expect from My Mediator?

There are three main styles of mediation. 

1. Evaluative mediator 

• No-nonsense, works quickly and efficiently

• Works best when short on time

• Offers solutions based on experience

• Ideal for concrete problems

2. Transformative mediator

• Creates time and space for parties to hear and understand one another

• Places a high value on emotional support and healing during mediation

• Ideal when conflicts are deeply personal 

3. Facilitative mediator

• The most familiar style of mediation

• A blend of evaluative and transformative approaches

• Adaptable based on parties' changing needs

• Able to ask questions, normalize perspectives, and validate both sides