What is mediation and is it worth it before we go to court?

Mediation is a confidential process in which an independent mediator helps the parties negotiate a settlement. The mediator does not decide who is right but helps identify the issues, test the strengths and weaknesses of each side's position and explore solutions that a court could not order. It is usually faster and far cheaper than litigation, and discussions are generally protected by confidentiality and can be without prejudice. Even when parties are upset, a skilled mediator can move things forward. Any settlement is recorded in a written agreement, which is enforceable as a contract, and can be made into a consent order if needed. Courts often encourage mediation, and refusing to consider it can affect costs. You can go to litigation if mediation does not succeed.