Difference between Mediation vs. Litigation

When dealing with disputes, it’s often challenging to choose the right resolution method.

While litigation involves court proceedings, mediation is an alternative method. There are key differences between mediation vs. litigation. Keep reading to make an informed decision.

What is the difference between Litigation and Mediation
The Difference Between Litigation vs. Mediation. Source (Reddit)

What is Mediation?

Mediation is an ADR (Alternative Dispute Resolution) option involving an impartial third party to resolve disputes confidentially and flexibly.

It aids negotiations and aims for mutually beneficial solutions.

Mediation vs. Litigation – Process

More control: Unlike litigation, where the court decides, mediation lets you shape the resolution, maintaining control over the outcome.

Speedier: Mediation is typically faster than the lengthy litigation process, often concluding in a single day.

Safe environment: Mediators gather information privately, guiding you through the process while ensuring a secure atmosphere.

Confidential: Mediation is entirely private, unlike public court proceedings accessible to anyone.

Relationship support: Mediation promotes communication and collaborative solutions, reducing strain on relationships compared to litigation.

When Can you Use Mediation?

Mediation is often ideal for various situations, especially in the workplace.

It helps resolve issues like personality clashes, relationship breakdowns, pay disputes, bullying, or harassment.

Now, let’s explore what litigation is to compare it with mediation.

What is Litigation?

Litigation is the legal process of taking a dispute to court, involving lengthy preparation and multiple steps before a hearing.

It covers various disputes, such as commercial, employment, and family law matters, and depends on the case’s nature and claim value, determining the court or tribunal.

Types of Litigation

Litigation can be civil or criminal, covering a wide range of disputes, including:

  • Family law
  • Divorce
  • Inheritance claims
  • Debt recovery
  • Personal injury, contract breaches, commercial and employment disagreements, and landlord-tenant disputes.

To help you decide between mediation and litigation, let’s compare them on key aspects:

    1. Cooperation: In litigation, parties must attend hearings and submit documents. Non-cooperation can lead to default judgments or subpoenas.
    2. Precedent: Litigation benefits from previous cases, setting precedents. Mediation results are case-specific.
    3. Evidence: Litigation excels in evidence presentation, with disclosure rights ensuring all crucial evidence is accessible.