Services > Mediation vs. Litigation

How Mediation Differs from Litigation

  • All parties are allowed to tell their stories, be heard, express opinions and examine facts as well as feelings.  The mediation process promotes individual choice, joint problem solving, individual responsibility, empowerment and closure.
  • Agreements are collaborative, are only written when all parties agree, and are binding.  Agreements can be "reality tested" before signing.
  • The parties involved are the ones who create the agreement.  This builds committment and results in more collaborative relationships after the dispute is settled.  In contrast, decisions by the courts are often appealed because one or both parties are unhappy with the outcome that the court has determined for them.
  • Mediation is private and confidential.  What is said in mediation is for settlement purposes only and may not be used in court.
  • Mediation can be less expensive than trials and court proceedings.
  • Mediation is generally faster than waiting for court dates and navigating the legal system.
  • Mediation can preserve and reshape relationships that must be maintained long after the court proceedings have ended (especially in Divorce/Custody cases).
  • Mediation can minimize emotional damage for the parties involved in and affected by the dispute.

In short, mediation allows you to determine your own future, with a minimum of pain and expense.

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