When mediation is the right choice
A key determiner for clients considering mediation is their ability and willingness to be part of the mediation process: more than presenting their case, clients will negotiate and compromise with the other party, under the guidance of the mediator.
Mediation is likely a good choice if you not only want to avoid litigation, but you also don’t wish to empower an arbitrator to make binding decisions for you.
In contrast and also a key determiner for some, the mediator’s findings are non-binding; disputants retain the right to accept or reject its recommendations.