• is quicker
• is cheaper and more cost effective
• is confidential allows for a choice of mediator
• is flexible
• allows for creative solutions
• empowers the parties to retain control over the process and own the outcome
• accommodates and facilitates the possibility of ongoing relationships results in a higher degree of compliance with the outcome

This is evident from the guiding principles of the mediation process set out below and adapted from an article titled Conflict Diagnosis by Steven L. Schwartz, ADRSolutions, LLC found on www.mediate.com -
The 9 Principles of Very Successful Mediating Lawyers :

Principle #1: Describe/map the conflict
The purpose of this principle is twofold: (1) to clarify the literal legal relationships of the parties and (2) to assure that the disputants’ fundamental interest relationships are accurately assessed. This is important because success in the mediation model of conflict resolution (i.e. settlement) rests upon adjusting the parties’ relationships—not by adjudicating legal positions.

This principle focuses on the relationships present in the conflict. These relationships should be clearly identified; an actual visual graphic “map” is very helpful in showing the lines of conflict, communication and decision-making for these various players.

Principle #2: Identify the sources/causes of conflict
These are the factors forming the basis for settlement. However, the sources of the conflict actually pertaining to the parties’ underlying needs and interests are, like an iceberg, are often below the waterline. T

Through the mediation process it is vital to explore the real sources of conflict because until these causes are dealt with, settlement will remain obscured by the surface level of the dispute.

Principle #3: Analyze the disputants’ interests
Working from an interest-based approach, the mediator will explore the difference between “wants” versus “needs;” and where the parties’ have common interests or even their divergent interests can be served by a common solution. Legal positions will be sparingly used and, then, as a lens through which the parties test the reality and desirability of someone other than themselves deciding the outcome of their conflict.

So, to achieve a mediated settlement, the successful mediator will place the legal positions in a side drawer and put the parties’ common and divergent needs and interests in the center of the table.

Principle #4: Gauge the conflict’s character
The successful mediator understands that in the collaborative conflict resolution framework (i.e. mediation) lawyers and clients must ultimately collaborate to achieve settlement. Breaking the cycle of competitive adversarial conflict, and converting its destructive character into a cooperative one, becomes the focus of the successful mediator. “Getting to yes” will not take place without agreement by all of the disputants.

Collaborative conflict resolution is characterized by investigation and disclosure of the true causes of the conflict, the dynamics of the parties’ relationships, their needs, interests and how to serve them by settlement.

Principle #5: Note the trust
Once conflict arises, the level of trust among the disputants deteriorates. Reestablishing sufficient trust to reach any kind of agreement thus becomes essential—without trust no resolution is possible. The successful mediator understands that different levels of trust/mistrust are present in every conflict and must be taken into account to achieve any kind of lasting settlement.

Principle #6: Observe the impediments
The successful mediator will examine the conflict for evidence of impediments. These impediments may be: Basic physiological defects in perception; lack of actual experience causing erroneous conclusions; perceptions based upon problematic stereotypes; motivations for vengeance; a meta-conflict (a personal conflict compounding the conflict); a disempowered disputant; a difficult personality; cultural differences; differences in dispute resolution frameworks; and obstinacy by the other side by insisting upon the superiority of its legal position and demands for acquiescence.

Observing any one or more of these (or other) impediments enables the mediator to develop strategies for effective responses which may include enlisting the opposing counsel or mediator to help clear away the obstacle and realize resolution. Impediments in mediation should be treated as a joint problem to be solved rather than a strategy to be pursued.

Principle #7: Survey the negotiation styles
Typical adversarial-based negotiation is played out on a win-lose game board. For the mediator, confronting this style of advocacy in mediation can be a challenge. At times, the only effective technique for dealing with such a negotiation style may be responding in kind.

However, the successful mediator first attempts to enlist the opposing negotiator in a collaborative effort. This is done through a number of techniques including “educating” the opposition that: to do so will be less expensive and quicker; important relationships that are present can be better protected; collaboration is less likely to breed new conflicts; important non-legal issues and issues for which cause of action has not been stated; can settle entire conflict; the disputants can control outcome; a disputant set on vengeance may not obtain what he’d/she’d hoped for in court; etc. In this way, even the adversarial negotiator can be made an ally in the mediation process.

Principle #8: Identify the power
The effective mediator understands that a variety of power options are present in every mediation. Because every conflict is different, different power relationships may be at play. The successful mediator understands that different forms of power influence conflict and that the only the appropriate form of power is effective in bringing about a meaningful resolution.

Principle #9: Study the Diversity
Because of the very nature of the experience, parties in conflict often experience an obscuring effect upon their thinking. Even when disputants are thinking clearly, certain factors can come into play that impact conflict resolution. Among these factors are cultural differences, stereotypes, differences in worldviews, life experiences, values, and principles.

In the mediation context, diversity is understood as a force that may be causing incorrect assumptions or faulty perceptions of the other disputant’s motivations or actions. The successful mediator realizes the importance of recognizing the presence and influence of diversity factors in conflict. In so doing, he/she can avoid serious misjudgments and strategic errors which can lead to the compounding of the conflict.