How does mediation differ from traditional litigation?

Mediation is an alternative to traditional litigation (taking legal action through the court system) for resolving disputes between two or more parties. In mediation, the parties use a neutral third-party mediator to help them come to a mutually agreeable resolution. Mediation is a voluntary process, meaning that both parties must agree to take part and make decisions together. Unlike traditional litigation, the focus of mediation is to create a resolution that is beneficial for both parties rather than assigning blame or fault. The goal is to reach a mutually acceptable outcome without the need to resort to lengthy court proceedings. The mediator helps to facilitate discussion, identify areas of agreement, and guide the parties to an agreement. Mediation is also less formal and less expensive than traditional litigation. A mediator is typically a trained professional who can help the parties reach a settlement without the need to pay large court fees and expensive lawyer fees. Mediations are typically quicker than traditional litigation, and offer a confidential process with which to resolve disputes. In Alaska, the court system encourages the use of mediation to resolve disputes. The Alaska Rules of Civil Procedure require the parties to attempt mediation prior to initiating litigation. This helps to ensure that parties are able to reach an agreement before resorting to a costly court process.

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How does mediation differ from traditional litigation?

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