Why You Should Consider Mediation Instead of Litigation
- Shay Manibog
- Nov 3, 2021
- 4 min read
Updated: Feb 5, 2023
Mediation and Litigation are two legal options when it comes to settling your divorce, family disputes, etc. If you are weighing your options on which of the two you must choose in your case, then this post will explain why mediation is more beneficial than litigation.
Mediation vs. Litigation
Litigation is a legal process of taking your disputes to a court of law. If the involved parties cannot agree on a fair and adequate outcome of a dispute, they will present their case in front of the court for a judgment.
On the other end, mediation is a process that attempts to settle disputes between two parties outside the court, i.e., without going to a trial. Mediation involves 3-4 parties which are:
· Plaintiff
· Defendant
· Attorneys from both parties (ONLY IF parties are represented)
· A neutral third-party known as a mediator
All of these four stakeholders talk about the case to reach a solution acceptable to both parties. However, a mediator’s job is not to pass a judgment on any case. The mediation process is all about looking at the documents listen to both sides of the story and gaining detailed knowledge about the case.
The mediation process is to facilitate a conversation that will convince both parties to agree on most terms rather can go in front of the judge or jury for a legally binding decision. Mediation is mostly a voluntary process and only happens when both parties agree to try and settle the case this way.
5 Reasons to Consider Mediation Instead of Litigation
In this date and time, a legal dispute can have a devastating impact on a family or an individual. The legal conflicts during divorce and separation are not only costly from a financial perspective but also due to emotional and personal toll on people.
Therefore, mediation is a better route than litigation. The process itself is impartial, and a trained mediator can help you reach a resolution for a legal dispute voluntarily. That said, here are five reasons why you must consider mediation instead of litigation.
1. It is Fast and Risk-Free
litigation can be a painstakingly long process when it comes to divorces, separations, and family disputes such as child custody and assets distributions. However, mediation is a speedy legal route than waiting for the court to assign a trial date.
If you do not like the trial outcome, you will have to wait further to file for an appeal and wait for future dates for the appeal hearing. Therefore, mediation allows you to eliminate anxiety, fear, and waste of time involved in a litigation process.
You can use a mediation process to quickly put all the disputes behind you and reach a satisfactory solution suitable for both parties.
2. Cost-Effectiveness
The cost of the entire mediation process is comparatively and substantially less than the cost of a litigation. Even if you schedule a mediation after the close of discovery (by this time, you have already spent a substantial sum), participating in a mediation process will still be far cheaper than a litigation.
3. You Get Someone Who listens
A mediator is a third party who will really listen to the issues from both sides. Very often real the legal technicalities and procedural entanglements during the litigation process overlook the real issues. Whereas, in mediation, an expert mediator will work with you to listen to every issue and help direct both parties to reach a mutually agreeable resolution.
4. Flexibility
Mediation offers both parties increased flexibility as they can select their own mediator as well as design the mediation process. Whereas the litigation process is a legal system with structure and many rules both parties must follow.
In some mediation cases, you can even separate both parties (for most if not all sessions). However, typically, a mediator will be acting as a facilitator of communication directly between the two parties. Sometimes a mediator uses a facilitative style to work both parties towards a consensus by focusing on both parties’ needs and not the legal issues and technicalities of the case.
Mediation may sometimes involve an evaluative style that determines the most likely facts-based outcome if the case goes for the trial. However, it is up to both parties to choose the mediation style they believe will work best in their interest.
5. Voluntary
Mediation is a voluntary process. Neither of the parties is under any obligation or pressure to accept an agreement. Additionally, a mediator does not/cannot pass a decision or ruling. It is a mere suggestion that may work best for both individuals.
Individuals or parties involved in mediation are free to deny the resolution. Creativity plays a high-value role in the outcome of mediation, i.e., a resolution is only valid or acceptable when both parties agree that to its effectiveness.
Contacting a Mediation Expert in Florida
Researching for mediation and litigation can be overwhelming, especially when you are going through emotional and mental turmoil due to divorce, separation, or any other family dispute. If you are a resident of Florida and looking for a way to settle a dispute, contact TriDialogue Mediation. Our Mediator has years of expertise in family/divorce, elder law, and all-circuit civil dispute mediation.
Call us on 772-226-7112 speak to our expert mediator today!
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