How can I be sure mediation will produce a fair result?

In mediation, you and the opposing parties will work out a solution to your own dispute. Unless you freely agree, there will be no final resolution. This approach has several advantages over going to court:

• Legal precedents or the whim of a judge will not dictate the solution.
• If your dispute has undiscovered or undisclosed issues, mediation -- unlike a structured court battle -- gives you the opportunity and the flexibility to ferret them out.
• Because mediation doesn't force disputants to undergo the fear and sometimes paranoia of the courtroom, -- where a judge or jury can stun either party with a big loss -- people who choose mediation tend to be more relaxed and open to compromise.

How can I find a good mediator?

Much depends on the type of dispute you're involved in. Many cities have community mediation centers that do an excellent job of handling most types of routine disputes (consumer problems, neighbor disputes, landlord-tenant fights). For more complicated disputes (business termination, personal injury, breach of contract) it is often better to turn to a private mediation center. Some organizations, like JAMS/ENDISPUTE, the American Arbitration Association, and Judicate, offer mediation services nationwide, while a number of regional groups do a good job. Private divorce mediations are usually handled by sole practitioners or small local mediation groups. Get a list from the phone book and check references carefully.

Are there some cases that should not be mediated?

All parties to a dispute must agree to mediate, so if one party refuses or isn't competent to participate, the case cannot be mediated. Mediation may also not be the best choice if:

• One of the parties wants to set a legal precedent that interprets or defines the law according to its own point of view. Legal precedents cannot be set in mediation because mediation agreements do not establish who is "right" or "wrong," and mediation decisions apply only to the parties involved in that particular mediation.
• A person believes he or she can win a huge verdict against a big company (or even a small company with a big bank account or plenty of insurance). Because of the tendency toward compromise in mediation, hitting a legal "jackpot" is more likely in a jury trial.
• One person feels intimidated or intellectually overwhelmed by the other, in which case it's hard to arrive at a true meeting of the minds. It's often possible, however, to remedy a "power imbalance" by arranging for the more vulnerable person to participate with an adviser -- perhaps a lawyer.