How is CFL different from mediation?
In mediation, although efforts are made to resolve the issues in dispute, the threat of litigation still exists. One party may decide to terminate the mediation and go to court. In CFL, both parties, their lawyers and other professionals make a commitment in writing to reach settlement without litigation or threats of litigation.
In mediation there is one neutral third party who leads the process. Sometimes the parties attend mediation on their own and sometimes lawyers attend mediation sessions with the parties. In CFL each party has his or her own lawyer present at meetings.
CFL and mediation do have some similarities. They are both interest-based, rather than position-based, forms of negotiation.