How Is Mediation Different From Legal Litigation
In legal litigation, the parties retain attorneys whose
focusis to
prepare a case which will result in the best decision for their
client by a judge. Often, litigation includes an adversarial approach
demeaning the other party. In litigation you never know what the
outcome will be until the case is ruled upon. There are no guarantees
that anyone will come out as the 'victorious party'. In the long run,
everyone pays a price in litigation.
Mediation is based on the principle that people are capable to resolve
their own disagreements if given the right support. Generally, it is
non-adversarial and the parties agree that all information will be
openly shared in a safe, neutral environment. It is a voluntary and
confidential process. Either party can withdraw or choose not to
participate at any time. The mediator does not judge who is right or
who is wrong, but works with parties to help them arrive at a solution
to satisfy their interests. No tape recordings are made and no court
reporter is present. The mediator will not reveal anything discussed
during the mediation to anyone other than the participants. The
mediator does not represent either party. Generally, the mediation does
not include lawyers except in a consulting or reviewing capacity.
However, in some cases, mediation includes both parties and lawyers.
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How Is Mediation Different From Legal Litigation
- What Is Mediation?
- How Is Mediation Different From Legal Litigation?
- When Is Mediation Useful?
- What Kind Of Disagreement Can Be Mediated?
- Who Should Consider Mediation?
- What does Mediation do?
- What Are The Most Important Aspects Of Mediation?
- What Are The Direct Benefits Of Mediation?
- Who Wins, Who Loses In Mediation?
- When Is The Best Time To Begin Mediation?
- Who Can Request Mediation?
- What Goes On At A Mediation Session?
- How Do The Parties And The Mediator Work Together?
- During The Mediation, What Does The Mediator(s)Do?
- How Long Does Mediation Take?
- Why Use Mediation If We Are Unable To Agree?
- Do I Need To Hire A Lawyer To Mediate?
- If I Don’t Bring A Lawyer Can I Bring Someone To Help Assist Me?
- Is Mediation Legally Binding?
- If I Use Mediation, Will I Need To Go To Court?
- Must An Agreement Be Reached In Mediation?
- Can A Mediator Be A Witness Or Talk To The Judge?
- What Should I Know About A Mediator Before Choosing One?
- What Are The Advantages Of Mediation Over Litigation?
- Are There Different Types Of Mediation?
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