Why mediate rather than litigate?

  • You have greater control of the outcome -- Because you participate in every aspect of the agreement, you control the outcome.  Your final agreement is one that you choose, not one forced upon you.
  • Less Costly -- This is a cooperative and collaborative process, so you do not incur the expense of hiring opposing attorneys who charge you every time they speak with each other.  Mediation is typically 50% to 95% less costly than a litigated proceeding. 
  • More Rapid Resolution -- Because you do not have to wait for a court date and/or coordinate the schedules of opposing attorneys, you can get started with the mediation process immediately.  As soon as you and the other disputant can schedule the time, you can begin the process.  The typical mediated case can be resolved in 3 to 12 hours.  Of course, this varies  according to the complexity of the case and the willingness of the parties to actively work toward resolution.
  • On Your Schedule -- You decide when, where and how often you meet. This helps you to avoid making hasty decisions and allows you the time to think through each step before you move on to the next one. 
  • Privacy & Confidentiality -- The mediation process is conducted in private instead of in open court, so no one else will have access to your private and personal information.  
  • Individually-Tailored Agreements -- The agreements that result from mediation reflect those terms to which each party agrees.  Each important issue is discussed and the resulting decision reflects your wishes.  And after all, who else but you should decide what is in your agreement?  As long as it is legal, fair and acceptable to both parties, that is all that matters.
  • Maintain positive relationships -- Mediation offers you the opportunity to maintain positive relationships that may be sacrificed in a hostile, angry lawsuit.  This is especially important in divorce mediation when there are children involved.  The children always benefit when their parents are capable of maintaining positive and productive interaction.  Wouldn't you rather resolve your differences in a way that doesn't leave you and your partner with lifelong feelings of hurt and anger?


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