Mediation vs Litigation – What’s the Difference?

An agreement reached through mediation enables you and the opposing party or person to find adaptable solutions to your conflict: You have the chance to think of novel solutions during mediation.  You can get to a settlement agreement that is tailored to your particular needs provided all parties are in agreement.  with litigation (a trial), the judge or jury renders the final judgment, which is not the case with mediation.  Through mediation, both parties can “win,” which is referred to as a “win-win” scenario.

Trials and arbitrations are not the same as mediation. Mediation is neither of these.  In a trial, the parties present their cases and arguments, and a judge or jury renders a verdict.  Similar to court proceedings, in arbitration the parties make their cases and submit evidence before an arbitrator or panel of arbitrators, who then renders a decision. In mediation, the mediator supports the parties while they discuss their conflict in order to help them find and explore amicable resolutions.  You do not need to go to trial or arbitration if you can come to an agreement during mediation.

Litigation is the process of settling conflicts through the public court system by submitting or responding to a complaint.

The Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, the Federal Rules of Appellate Procedure, the Federal Rules of Bankruptcy Procedure, and the Federal Rules of Evidence all govern litigation in federal courts.  The local regulations of each court and the judges’ standing orders serve as supplements to these.

Mediation in Palm Bay gives the people involved a chance to basically solve their issue on their own with the help of a trained mediator. Litigation involves attorneys for both sides, judges and sometimes juries. Mediation is by far the preferred method of solving a dispute in that it saves a ton of time and money.


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