What is the difference between the mediation procedure and court litigation?
Civil law court proceedings are public proceedings before a public court and, unlike mediation, are not confidential. In litigation a judge decides the outcome of the legal dispute while in mediation a mediator, jointly selected by the parties in conflict, accompanies negotiations and the parties decide themselves how their conflict can e resolved. In litigation factual matters relating to law are only clarified with reference to the past in terms that are confrontational and imminent to the system. Besides taking account of legal aspects, mediation considers the commercial and personal interests of the parties that lie behind their disputes and directs its attention to a solution that will hold up in the future. Litigation is a formal procedure that frequently entails having the conflict terminated with a court judgment based on procedural law considerations that is unsatisfactory to or even contrary to the interests of both parties. Mediation is an informal procedure; it knows no pro
Related Questions
- What are some of the principal considerations in selecting whether to have a case determined through arbitration as contrasted with court litigation?
- What are the principal differences between mediation, and arbitration or litigation?
- What is the difference between the mediation procedure and court litigation?
