Mediation vs. Litigation

Mediation Process

 

Litigation Process

Confidential, may be privileged   Public record
Private, informal, conversational   Formal, rule-oriented
Attorneys may be present at session   Attorneys present
Parties can take lead    
Rarely any witness and few documents   Often there are many documents and witnesses
Future oriented   Past oriented
Parties decide though negotiation, bargaining compromise, etc.   Evidence presented for purpose of decision making by judge or jury according to the rules of law
Terms of agreement tend to be mutually acceptable to all parties "no losers"   Decision made by judge or jury, not parties, and may be appealable to another court if legal errors are made
Often leads to a lessening of hostility and greater conciliation   Tends to increase tension and hostility

 

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