Mediation vs Litigation

You are probably familiar with litigation and its ramifications. One party hires an attorney and files an application to the court requiring the other party to also hire an attorney and defend their position.  The parties are now involved in a lengthy battle that can be extremely expensive, emotionally draining and unpredictable. With litigation, until a judge decides who is right and who is wrong, you are never certain of the outcome.

Mediation involves a neutral third party who does not judge the case but helps facilitate a discussion and eventual resolution of the dispute.  The parties are brought together in a neutral environment where they can freely and confidentially present their position in front of a neutral third party who will attempt to limit the issues and put them in perspective. Participants often feel much better after having an opportunity of being heard, and also benefit from hearing the other party's point of view.

Mediation is relatively quick and inexpensive when compared to actually litigating a dispute. The parties would have to agree on who will conduct the mediation and how the mediator will be paid, which is generally shared equally by each party.

Since mediators will not give legal advice nor represent any of the parties involved, participants should contact an attorney who can advise them of their rights and obligations, throughout the mediation process.

In conclusion, mediation is an alternative to litigation and a way of resolving differences rather than relying on a judge to make the decisions that will ultimately have a profound effect on the family.