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Civil Mediation

Should I mediate or litigate?

  Litigation   Mediation
Cost Attorney’s fees, court costs, expert witness fees, lost time from work

vs. Mediator’s fee
Time Months or years to disposition plus lost time for preparation and trial

vs. One day mediation session
Process Very formal, controlled by rules of procedure, rules of evidence, subject to schedule of court and jury

vs. Informal, non-confrontational controlled by schedule of parties and not subject to rules of evidence
Remedy Resolution limited to narrow legal remedies

vs. Whatever the parties agree to
Privacy Not confidential, open to the public vs. Everything discussed is confidential by statute, as is settlement
Risk You’re either a winner or a loser

vs. None. If not settled, all legal remedies are still available

 


 

 

 

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