One of the main selling points of construction mediation is the privacy and confidentiality of the process. This is appealing to the various parties typically embroiled in construction disputes because it protects them from having their statements being used against them in future litigation. The fear can be defined as follows: In an honest effort to settle a dispute fairly in construction mediation, they offer up information or opinion that puts their interests in a bad light. If mediation then fails, these admissions are used against them in a court proceeding.