to mention having experienced the paranoia and expense of a full-scale trial, there is little likelihood they will ever again have a constructive relationship. Thus, in many domestic, small business, and neighbor law disputes, even the winner ends up losing.
Mediation doesn’t always work because, after all, it relies on the parties to compromise their own dispute. What if they don’t? Unlike a court or arbitration process, there is no authority figure to impose a decision. If the parties can’t agree, they have to start over with another type of dispute resolution, usually either
arbitration (a simplified and quick procedure when compared to court, but still based on the adversary model) or a formal court
