Third, Construction Mediation offers multiple and flexible possibilities for resolving conflict. In lawsuit court cases, judgment is thrust upon the parties by judge or jury. In Construction Mediation, parties have voluntary control over settlement resolution, and the resolution does not have to conform to standard law or prior law cases. If parties change their mind after the mediation proceedings has begun, and decide not to continue, they are free to cease the process without coming to resolution. Often, Construction mediation settlements developed by parties are solutions that judge or jury can not provide. Construction Mediation is more likely to produce a mutually agreeable win/win for the parties. And, because settlement is attained by both parties working together, compliance with the mediated agreement is usually high. This results in less costs, because parties do not have to retain Lawyer to force compliance with the settlement agreement. The mediated agreement is fully enforceable in court of law just like any other law court settlement.

Fourth, Construction Mediation process consists of a mutual endeavor. Unlike law court negotiations where parties are often entrenched in their positions, parties in mediation usually seek out solutions. They are more willing to discuss resolving conflict than working against one another. The mediation parties are amenable to understanding the other party's side and work on underlying conflict issues. The added benefit is preserving the relationship the parties had before the conflict occurred.

Fifth, Construction Mediation takes place with a trained mediator who is a neutral third party. A good Construction Mediator is trained in conflict resolution and knows how to handle difficult situations. The Construction Mediator works with both the emotional relationship aspects and facts of the case. The Construction Mediator, as a neutral, provides no legal advice, but guides the parties through the conflict solving process. The Construction Mediator may suggest alternative solutions to resolving the conflict. The Construction Mediator encourages parties think "outside of the box" for possible solutions, enabling parties to find the avenue to dispute resolution that suits them best.

Some content edited from: http://en.wikipedia.org/wiki/Mediation