What to Mediate:

There are any number of indications that the involvement of a neutral party may be helpful in achieving a negotiated resolution to a case. They include circumstances where:

The parties have conflicting views of the facts or the law
A party needs to express anger or other strong emotion
A party would benefit from being heard directly by the opposite party
The parties or their counsel are unable or unwilling to communicate effectively
The parties require the negotiating structure and expertise afforded by a mediator
Differences exist between a party and his advisor
The number and complexity of issues hinder the negotiating process
The parties have reached impasse in their direct negotiations
There is a need to protect reputations, or confidential information
The parties wish to avoid the cost and stress of continued litigation
The parties need a speedy resolution of the dispute
The parties want to control risk

Factors which suggest that litigation may be the preferable route may include the following:

When one or more of the parties wants to establish a binding precedent
When one side seeks to deter future claims by demonstrating a "hard-ball" approach
When one or more parties refuse to participate in good faith
When one or more parties essential to a resolution are unwilling to participate
When only a court can offer a remedy essential to the dispute, such as an injunction

While mediation can be used in almost any case, some are more suitable than others.