1. The mediator decides the settlement reached by the parties. To the contrary, any agreements that are reached are made by the parties.
2. The parties are too far apart to mediate. All parties in conflict have different points of view, but common interests can be found.
3. Mediation can only be done after a lawsuit is filed. Mediation can be done at any point but generally serves to avoid litigation so it is most commonly begun before other types of conflict resolution are used.