How is mediation different from litigation?
In litigation, the parties retain attorneys to prepare a case which will result in the best decision for their client. Litigation is an adversarial system designed to produce winners and losers. In litigation the case is decided by the judge. Parties to litigation do not participate in forming a solution to the dispute, but are relegated to presenting evidence. There are no guarantees that anyone will come out as a winner. Litigation is a negative sum exercise – the court transfers wealth from one party to another resulting in a net loss after the attorneys are paid. Mediation recognizes that people are capable of resolving their own disagreements. The mediation process is non-adversarial. It is voluntary and confidential. Either party can withdraw or choose not to participate at any time. The mediator does not represent either party.
