With the risks and costs associated with trial, and the low likelihood of success and a substantial award, many parties prefer to mediate cases. Mediation can occur because the parties have voluntarily agreed to participate in mediation or have been ordered by the court. Mediation is an out-of-court process where the parties to litigation go before a neutral third-party to attempt to resolve their claims. The mediator has no bias against any of the parties or their positions. The mediator is the facilitator who assists the parties in reaching an agreement that is acceptable to them. The formal procedures found in court proceedings are not present in mediation. There are no rules of evidence or set procedures for the presentation of facts or positions. This absence of formality provides for open discussion of the issues and allows the parties free exchange of ideas. Mediation is more cost-effective and efficient than the process of preparing for and attending trial, and there is an incentive for both parties to mediate.