What Are The Differences Between Mediation and Litigation?
Litigation is time consuming, emotionally draining, expensive, and unpredictable. With litigation, you are never certain of your outcome until a judge or jury decides who is right and who is wrong.
Mediation is becoming a more popular method to remedy some of the shortcomings of litigation.
Mediation employs a neutral third party who does not judge the case but helps facilitate a discussion, limit the issues, and put them in perspective to resolve the dispute. Mediation is less expensive, more confidential, and highly effective in resolving conflicts peacefully than litigious court battles.
What are the differences?
Mediation | Litigation | |
Attorney involvement | Usually, only one lawyer as a neutral mediator. | Each party retains an attorney. |
Communication process | Peaceful and amicable. | Litigious and adversarial. |
Cost | $2,500 on average. | $15,000 on average. |
Confidentiality | All information remains confidential. | All information submitted to the court becomes part of the public record. |
Decision making | The parties communicate and brainstorm in order to formulate creative solutions. The parents decide what is best for their own children and they work out a parenting plan. | Lawyers and judges make decisions for the parties and their children. Judges, experts, or custody evaluators decide what is best for the children. |
Duration | The parties decided how long it will take. | Court proceedings, disputes and lengthy negotiations can take several years. |
