The Difference Between Litigation Vs. Mediation
Mediation can resolve disputes between two parties. The conflict can be handled outside of court or while in the process of litigation. I will discuss how mediation can be useful for those in a dispute. Mediation can resolve differences in family law, business disputes, workplace conflicts, probate & estate issues. Mediation has it’s own benefits versus litigation for parties in a court case or deciding not to go through court.
These are my point of views when it comes to mediation, or alternative dispute resolution.
People would rather not wait in time. Time can be consumed while going through a litigation process. Months or years can go by before your case is even addressed. During that time unresolved matters pester and effect one another because nothing has been done yet. The usual process goes with talking with your lawyer first who then discusses with the judge and jury which can extend time. It’s more direct and simple when going through mediation. The objective is clear and to the point. This process can ensure satisfying resolution. Mediation takes the parties outside of courts and gives them an opportunity to agree to terms efficiently.
People do consider costs. The costs of litigation can be enormous when handling a dispute. Going back to the time issue that can even add onto the costs. When working with a mediator the costs can be decreased significantly from using an lawyer and going through a court. Disputes are usually resolved with signed agreements in a matter of days or even a single session. Compared to using law you can avoid fees and costs when using a mediator.
People favor privacy. Did you know litigated cases become public record? Every word is transcribed and becomes accessible to the public. During a court case, parties can be discourage from telling sensitive or embarrassing information. In a mediation process confidentiality can be addressed. Sharing information with the mediator is allowed and nothing is public.
People want equal control. In litigation, courts have control over outcomes. Individuals may be effected personally. Courts, lawyers and jury usually decides on the schedule and final verdict. With mediation, you can work with the other party where both can address their concerns. An outside party cannot impose on the final outcome and parties can determine a fair solution.
People care about dignity. Parties are often “against each other” when litigation is involved. It is a “win-lose” situation and often one party disagrees with the outcome. Dissatisfaction may be left upon one party. Having mutual respect for one another during mediation is always welcomed. Both sides can work together for a balanced solution. It can be more peaceful and each will feel as if they have respect. Parties are comfortable being able to be heard and resolutions can arise from clear communication.
Mediation has it’s advantages over litigation. Whether you are already in a court dispute, or if you have not gone as far as getting a lawyer mediation is never too late to resolve conflict.
