Litigation vs. Mediation

Before you make a decision about how to approach your case, it’s important to know what the pros and cons are of both litigation and mediation. Litigation refers to a case that is handled through the traditional court process rather than settling through mediation. A litigated case usually ends in a trial where a judge decides on the outcome of the case. In mediation, the parties come to a mutual agreement themselves rather than have a judge decide the fate of their case.

Unlike mediation, litigation is an open court process and not confidential. The parties have less control over the outcome as the judge makes the decision. However, it is important to note that just because you file a case in court and it starts off as contested does not mean that the parties are not able to settle before it reaches a trial. In fact, many cases do settle prior to the case reaching trial. Many attorneys are able to amicably negotiate a good outcome for their clients while saving them the stress of going to trial. It is important that you hire an attorney who can assess your case and who will give you practical and honest plan of how to handle your case.

Litigation can be more costly than mediation and you have less control over your costs. The complexity of your case can also drive up legal fees. Another consideration that parties need to be mindful of is the amount of time a case can take to process through court. Litigated cases often last longer than cases that settle. Finally, it is important to note that each case is unique and it is important to discuss with your attorney your goals and what works best for you. If you have any questions, please call us at (443) 741-2567 and we would be happy to talk with you about all of your options.