One of the strengths of mediation is its cloak of confidentiality. Participants can feel free to say what they want and show documents prepared for mediation without the fear of it biting them later in the litigation. But not everything said and shown in mediation is protected. As with everything else, know the limits of mediation confidentiality.
Whether it happens informally on the telephone or in a more formal face-to-face meeting, the beginning of a negotiation can be critical to its success. First words and impressions are lasting; if you get off to the wrong start, it can erode trust, dampen optimism about the outlook for settlement, and increase the probability of deadlock.
Mediation has become a widely accepted way of resolving disputes because it works. Mediators report that typically 85-95 percent of mediated cases result in a settlement, often with an investment of only one long day or two. Among the advantages of mediation is that it fully engages the most important players, i.e., those who initiated the dispute and are most affected by it. Here are some other advantages that might just make you want to come together and mediate!