Mediation & Litigation

The Key Differences between Mediation & Litigation are set out hereunder. This list is not exhaustive but it is overwhelmingly apparent that the advantages of Mediation in the divorce and family context far outweigh any advantage that may come from litigation. By and large,  Parties who engage in the mediation process tend to find the process to be far more productive and satisfying than if they were just embarking upon the adversarial litigation process. Additionally, and more surprising is the fact that many Parties who engage in the mediation process experience the process as allowing them to “have their day in court”   in that the process enables them to put forward their viewpoints, positions, needs, interests, and fears in a contained manner without the formality and rigidity characterizing the litigation process where rules of engagement are strenuously upheld and little opportunity is given for one-on-one communication between the Parties once the trial commences.

Key differences between Mediation & Litigation include:-

LITIGATION

MEDIATION

Adversarial Collaborative
Rights & Entitlement Focus Interests & Needs Focus
Past – Historical Focus Current & Future Focused
Open Court Setting (General) Private Setting
Formal Regarding Time & Place Informal Regarding Time & Place
Time Consuming Process Time Efficient Process
Costs of Litigation Generally Prohibitive Mediation Relatively Inexpensive
Formal & Rigid Process Informal Process
Tends to Destroy Relationships Generally, a Positive Effect on Relationship

LITIGATION OUTCOME

MEDIATION OUTCOME

Decision Guided by Law & Case-Law      Parties Determine Outcome
Decision is Enforceable      Proposals Not Binding till Signed
Decision Taken on Appeal/Review      Not applicable

See also : https://www.traceyleighwessels.com/ten-advantages-mediation/

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