Mediation or Litigation?

Mediation is the collaborative process of informally resolving all issues between the parties without the need to go before the Court and litigate their case. Instead, the parties sit with a neutral mediator who facilitates the resolution of all issues. As many people may have already realized, resorting to litigation may cause you more of a headache than you want to take on. Some people choose to mediate their cases rather than litigate their cases for a variety of reasons., including:

• Mediation is generally cheaper than litigation
• Mediation is confidential whereas litigation generally is public record
• Generally, mediation can be as short as an hour or can last for a few weeks. On the other hand, litigation can be as short as a few months to, more likely, as long as a few years
• Mediation is less formal than litigation since the parties do not have to go before a judge but instead discuss and negotiate the issues at hand between themselves, giving the parties more control of the outcome of their case
• In mediation, the parties are more likely to retain their relationships with each other due to the collaborative nature of mediation
• Mediation focuses on allowing the parties to come to a fair, common ground agreement whereas litigation focuses on winning in court