Mediation: Negotiated resolution
Mediation is a confidential process where a neutral mediator helps parties reach a voluntary settlement. Mediation is faster, less expensive and preserves relationships compared to litigation.
- Mediation typically takes weeks to months.
- Costs are shared between parties.
- Outcomes are confidential and not publicly recorded.
- Either party can terminate mediation and pursue litigation.
Litigation: Court-decided resolution
Litigation is the formal court process where a judge or jury decides the dispute based on evidence and law. Litigation is appropriate when mediation fails or when binding court authority is needed.
- Litigation typically takes 1-5 years depending on complexity.
- Costs can be substantial for legal fees, expert witnesses and court fees.
- Outcomes are public record.
- Appeals can extend the process further.
When to choose each approach
Choose mediation when both parties are willing to negotiate and preserve the relationship. Choose litigation when mediation fails, when you need a binding court order, or when the other party is uncooperative.