What are the advantages and disadvantages of mediation in civil litigation?

Mediation is an alternative dispute resolution process used in civil litigation in Alaska. The process allows parties to a dispute to come together and resolve matters without going to court. Mediation is voluntary and confidential. Advantages of mediation include a quicker resolution; it is much faster than litigation. It is less expensive because, unlike a full court case, the disputing parties do not have to pay for court costs or attorney fees. Another advantage is that it is private and confidential. If the parties agree to a resolution, the terms of the agreement cannot be made public. Disadvantages include a lack of finality. Because mediation is a voluntary process, the parties can choose to walk away and not reach an agreement. In that case, the dispute would need to be settled in court. Additionally, with mediation, there may be less legal precedent and far less protection from any agreement reached. Overall, mediation is an advantageous option when it comes to settling disputes without going to court. It is confidential, quicker, and more cost-effective than traditional litigation. However, there are some drawbacks including a lack of finality and legal protection.

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What are the advantages and disadvantages of mediation in civil litigation?

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