"Why couldn't we have dealt with this ourselves? "A lot of people that end up facing the mental stress and financial strain of litigation have often muttered those words to themselves. Conflict has been and will always be a part of life. It is therefore important that one consider all the means available to control and resolve conflicts if they want to achieve their goals in life.
As a 60 something individual who has started and managed several businesses and managed family elder care and financial issues, I have experienced and worked through all types of conflict. The majority of these difficult encounters were resolved using one tool that did not involve litigation-communication.
A primary goal of a good mediator is to facilitate clear communication between two disputing parties in a manner that leads them to find ways to resolve their dispute on their own. The basic tools of mediation seem simplistic because they are. It is the mediator and the trust he/she must maintain and the confidentiality that he/she is sworn to that allows this communication tool to reap benefits among two parties in a dispute.
Mediation is not a silver bullet-some mediation settlement conferences end up unresolved. Even in those cases however the parties gain from this process that develops trust and a better understanding of the underlying elements of the dispute. So, given the potential gains from a successful one-day mediation, my response is "Why NOT mediation?"