The Seven "C's" to Mediation
Civility
Everyone is respectful: proceeds on a first name basis, there is no yelling, no use of foul language, and no interruptions when someone is speaking
Congeniality
The lawyers and mediator may be friendly – this is normal, and not a sign that someone is not fighting for your cause
Confidentiality
Any settlement offer you make during the mediation does not carry over into tomorrow, unless you agree that it does
Also, your private business remains your private business.
Even winners can be losers in open court if a judge is critical of the person’s conduct (ie: comments about being a bad business person, or negative comments about a person’s credibility, or negative comments about the conduct of the party)
Candour
You can be open and frank with the Mediator about your goals and objectives
Control
You (and the other parties) control the outcome entirely, and not a stranger, whether it be a judge, or a six member jury, or an arbitrator
Cost
Mediation is a lot less expensive than a trial
Compromise
The key to success at mediation - as expressed earlier, you control the process, but with that control is the need to be able to make compromises – no case will resolve without it