What's the difference between mediation and litigation?

Asked by: Prof. Alice Konopelski II  |  Last update: February 19, 2022
Score: 4.4/5 (8 votes)

What are the differences between Mediation and Litigation? Litigation is time consuming, emotionally draining, expensive, and unpredictable. ... 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.

Is mediation and litigation the same thing?

To summarize, litigation is when a couple takes their divorce to court. The judge will hear both sides and make a decision regarding the issues presented. Mediation, on the other hand, is when a neutral 3rd party mediator helps the couple come to an agreement outside of court.

What comes first litigation or mediation?

Some contracts state that the parties must “mediate” a dispute before “litigation” or “arbitration.” Through mediation, the parties attempt to resolve their dispute with the assistance of a mediator. The mediator is not a decision-maker. Rather, the mediator assists the parties through facilitating a negotiation.

Is mediation better than litigation?

A key benefit of mediation is that the costs, time, and friction associated with mediation are generally far less than with litigation or arbitration, Lloyd says. It also provides an opportunity for parties to repair or improve their relationships, whereas litigation generally makes a bad relationship even worse.

Is litigation more expensive than mediation?

In almost all circumstances, mediation will be less expensive than litigation, also known as taking your case to court before a family law judge to make a ruling.

What Is The Difference Between Mediation And Litigation?

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Why is mediation preferred over litigation?

When parties want to get on with their lives, mediation allows a more reasonable timetable for resolving a dispute. Less Expensive: Mediation is vastly less expensive than a typical lawsuit. ... Greater Flexibility and Control: In mediation, unlike in a lawsuit, the parties are in control.

What are the disadvantages of mediation?

Mediation Disadvantages
  • Time. Mediation is an extremely quick process or it can be an extremely quick process if the parties involved make it quick. ...
  • Having a Lawyer. ...
  • The Agreement Is Legally Binding. ...
  • Anything can be Mediated. ...
  • The Mediator Is an Outside Party. ...
  • There Is No Judge. ...
  • Either Party Can Withdraw.

Why is mediation cheaper than litigation?

However, mediations can be cheaper than litigation and the flexibility of the process is why costs savings can be achieved: The speed of the process restricts the level of chargeable time. The absence of formal structure means that the parties are free to choose the procedure, including the level of formality.

Why is mediation less expensive?

There are no court filing fees, deposition transcript costs, or other court expenses associated with mediation. ... Discovery in mediation is usually limited or not used at all, thereby keeping legal costs down.

What mediation is not?

Mediation is the activity in which a neutral third party (the mediator) assists two or more parties (the editors in dispute) in order to help resolve their dispute, with concrete effects, on a matter of common interest.

What is difference between arbitration and litigation?

Essentially, litigation means taking a dispute to court. Both sides present their case before a judge or jury, who will then render a decision. Arbitration, on the other hand, is a private process in which both parties agree that an arbitrator (a neutral third party) will render a binding decision.

What is the difference between settlement and mediation?

Mediation-a voluntary meeting between the injured worker (their attorney) and the company in an effort to negotiate a settlement out of court. A third, unbiased mediator is present to moderate the process. Settlement– a voluntary agreement between all parties to settle the case for a certain sum.

Are lawyers mediators?

Although both lawyers and mediators are professionals who work with conflict resolution, mediation and law are distinct professions. ... It is not necessary, however, for a mediator to be a lawyer, provided that the mediator has gained solid knowledge of the applicable law through some other kind of experience.

Does mediation preserve relationships?


The mediator levels the playing field and protects you from hostility and aggression, while promoting collaboration, respect and kindness to achieve a win-win resolution, allowing parties to end disputes on the best terms possible.

Do I need mediation before court?

Yes, attending mediation (a MIAM, or Mediation Information and Assessment Meeting) is a required step before going to court in most cases. ... While parties are encouraged to attend mediation meetings together, it is also possible to meet separately, as long as the same authorised family mediator is present.

Why is mediation the best?

Mediation helps to discover the real issues in your workplace. Parties share information, which can lead to a better understanding of issues affecting the workplace. Mediation allows you to design your own solution. A neutral third party assists the parties in reaching a voluntary, mutually beneficial resolution.

How can a legal dispute be settled with mediation?

Instead of a judge or jury rendering a judgment or verdict, or an arbitrator rendering a binding decision, a “mediator” merely facilitates open discussion and tries to assist the parties in resolving their differences on their own. Mediation thus avoids the “win-lose” set-up of a trial or arbitration.

What are some advantages of mediation?

There are a number of other significant benefits of mediation and they include:
  • Greater Control. Mediation increases the control the parties have over the resolution. ...
  • Its confidential. ...
  • Its voluntary. ...
  • Convenience. ...
  • Reduced Costs. ...
  • Faster outcome. ...
  • Support. ...
  • Preservation of Relationships.

What usually happens in mediation?

During each visit with the mediator, the parties discuss the amount of their demand or offer the settle, and the strengths and weaknesses highlighted by the other side. The goal is to keep reducing the plaintiff's demand, and increasing the defendant's offer, until they meet at some point.

Is there any statute for mediation?

Uniform statute for resolving disputes through mediation is the need of the hour. Such a statute should make it mandatory for the parties to resort to mediation first before addressing their disputes before courts by way of litigation or arbitration before an Arbitral Tribunal.

How often is mediation successful?

A web search on mediation statistics indicates success rates that seem to hover around 85 percent, and reveals that mandatory mediation is only 10 percent less effective than that.

What are the pros and cons of mediation?

What are the advantages and disadvantages of mediation? There are numerous advantages and a few disadvantages to mediating a dispute. Advantages include: Control, Costs, Privacy, and Relationships. The primary disadvantage is that there is no certainty of resolving the matter.

What are the types of mediation?

The main types of mediation are transformative, facilitative, and evaluative. The types or styles of mediation are most evident in the control that a mediator exerts over the process as a mediation proceeds.

What cases are not suitable for mediation?

The exceptions are:
  • Criminal cases.
  • Cases which require a precedent (e.g. a class action situation)
  • Cases where only the courts can give an appropriate remedy (e.g. an injunction or a personal protection order)
  • Disputes involving public policies.

What happens after mediation settlement?

A successful mediation results in a negotiated agreement that takes the place of a contract between the parties. The parties cannot pursue any litigation for the underlying dispute if they are dissatisfied with the settlement reached as it would amount to a breach of the contract.