Mediation | Litigation |
---|---|
Cost Savings: | |
$160 an hour total ($80 an hour per party) | $5000-$7000 retainer per party (or higher depending on the case) |
The time for "discovery" is eliminated | "Discovery" of legal information needed for litigation takes time and can be costly |
No hidden fees | "Scheduling Fees" of often $1,500 on top of hourly fees. |
Child support Negotiations: $160 an hour ($80 per party) | Often $3,500 for Child Support Mediations or Updates |
Time-Efficient: | |
Mediation expedites a resolution | Litigation can result in a long court case, taking months or even years |
By being done sooner, parties get to move on with their own lives quicker | The drawn out process prevents one from starting over with their lives |
Evening and some weekend apointments are available | The courts are open limited times |
Control of the Process: | |
The parties get the final say | Lawyers battle each other in court and the judge gets the final say |
Empowering | Stressful |
Parties get to solve their own challenges & create their own solutions | Proposed solutions are shot down by the other party's attorney |
Fair and Just Solutions | You may not like the court imposed decisions and feel they are unfair, and that you didn't have a say |
Peaceful Process | Hostile Process |
Win-Win | Win-Lose or Lose-Lose |
Confidential Process | Court records and transcripts can be public records spreading your private life and information to the public |
Improves Communication When Parties Need to Maintain a Relationship: | |
Collaborative and respectful communication between parties | Argumentative and added frustration with the other party |
Can address important emotional issues | Each party communicates only with their own attorney |
Positive Communication Skills are learned | Parties still do not know how to communicate productively, creating possible future disputes |
Sometimes parties receive the apology and forgiveness they inwardly seek | Litigation and court often results in more anger and frustration |
Humor is allowed as appropriate | Humor rarely exists in court proceedings |
Impact on the Individual: | |
Parties are more likely to follow mediated agreements | Court imposed judgments are followed less than mediated agreements causing future problems |
Client-Oriented | Tears up people emotionally and financially |
People get to move on with their lives | People feel a constant burden and find it sometimes impossible to get on with their lives while in litigation |