How does mediation differ from traditional litigation?

Mediation is an alternative dispute resolution method to traditional litigation. Unlike litigation, mediation does not involve a judge or jury and the parties reach a settlement outside of court. In Hawaii, mediation is governed by the Uniform Mediation Act. The Act promotes a voluntary process of resolving disputes and encourages parties to come to an amicable agreement. In mediation, the parties are present in the same room, typically with a mediator who acts as a neutral facilitator. The mediator is not a decision maker; instead, they help parties to understand each other’s positions and explore options for resolving the dispute. During mediation the parties can agree to a settlement that works best for both parties without having to go through the lengthy and costly litigation process. Unlike a trial, mediation is confidential and the outcomes of the mediation are private. This allows the parties to resolve their differences without airing their grievances in a public court. Additionally, mediation is quicker than litigation and often less expensive, allowing the parties to resolve their dispute in a much shorter period of time. Overall, mediation in Hawaii is a more efficient and cost-effective way of resolving disputes than traditional litigation. It aims to provide a better outcome to the parties by creating a private and respectful process in which both parties can reach a fair agreement.

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How does mediation differ from traditional litigation?

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