The Advantages of Mediation Over Civil Litigation

 

 

• Most mediators are able to bring resolution in a short period of time if both parties are committed to resolving their legal issues.

 

• Mediation is less expensive, a private process, not subject to public knowledge and possible media attention as can be the case with civil litigation.

 

• Preparation for mediation can be far easier and simpler than what is required to prepare for arbitration or litigation.

 

• Attorneys are not necessary but may participate at the request of a party.

 

• The mediator is well-versed in the issues that are in dispute and can assist the parties in the reality of their opinions and positions.

 

• There may be no court filing fees and related expenses.

 

• In mediation both parties are full participants and may express their own opinions and concerns.  This is contrary to normal civil litigation where the parties’ attorneys are the only ones who talk unless the party “takes the stand” and is subject to cross-examination by the opposing attorney.

 

• Mediation allows the opportunity for parties to work together and reach a settlement.  In litigation, most often there is a verdict or decision by a judge, the parties accept as the final decision and the parties’ relationship usually comes to an unfriendly end.

 

• Settling matters at mediation is more amicable and lessens the stress on your family and children.

 

• If the mediation is scheduled as a binding mediation or a med-arb process, it is virtually a guarantee that there will be a full settlement on all issues by the end of the binding mediation or med-arb process.

 

• If there is a full settlement or if certain items are settled and an agreement is written, that agreement is enforceable in court, if necessary, and there will generally be no appeals process.  In civil litigation, there are several levels of appeals available in the continuing judicial process.

 

• Mediation can protect parties from some of the extra problems associated with litigation.

 

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