MEDIATION vs LITIGATION
STRUCTURE
During mediation, each party presents their case and engages in discussions to explore potential settlements and resolve disputes. If an agreement is reached it can become legally binding. However, if no agreement is reached, parties can decide whether to pursue litigation or explore alternative avenues. If either party wishes to amend the agreed terms, the process for modification is typically faster compared to litigation.
In litigation, the judge or decision-maker carefully evaluates the evidence and legal arguments presented by each party before making a decision. Although orders can be appealed within the litigation processes, this process typically takes much longer than mediation.
CONTROL
Mediation grants parties enhanced control over the proceedings and the resolution of their conflict, fostering the potential for more balanced outcomes. With its party-centric approach, mediators are attuned to and responsive to the specific needs of the parties involved.
Litigation is presided over by a judge and follows a structured schedule and set of rules that govern the progression of the case.
SELECTION OF THE NEUTRAL
In mediation, parties can decide whether to pick their own mediator or to follow a process that assigns one to them.
In litigation, parties do not have the privilege of selecting their judge; the assigned judge or decision-maker is determined by the court. Additionally, during the court process, parties may find themselves before different judges at different stages, rather than having a consistent one.
SPEED
The efficiency of the mediation process stems from the parties’ ability to schedule sessions at their convenience, allowing them to engage with a mediator and conclude proceedings in a timely manner.
The progression of litigation is subject to the constraints of the court system and its scheduling procedures, potentially resulting in delays. As a result, a case may last longer than expected, exceeding desired timelines.
FORMALITY
Mediation offers a less formal alternative to litigation, fostering a relaxed atmosphere conducive to open discussion rather than structured presentations. This informal setting encourages parties to actively participate in crafting creative solutions, thereby enhancing the potential for mutually satisfactory resolutions.
Litigation, in contrast to mediation, adopts a formal approach characterized by the presentation of cases and rulings by a judge. Strict adherence to rules and procedures is mandatory for all involved parties. Failure to adhere to these can result in increased costs, heightened stress, and prolonged proceedings.