How does mediation differ from traditional litigation?

Mediation is an alternative dispute resolution process that offers a different approach to traditional litigation. Through mediation, parties to a dispute can work together in a private setting to find a mutually acceptable solution to their problem. Unlike traditional litigation, mediation allows the parties to have a more cooperative and informal way to resolve their conflict. In traditional litigation, the dispute is presented to a court (or jury) and the parties are not in control over how the dispute is ultimately decided. Instead, the court or jury decides the outcome of the dispute. In addition, the proceedings can be expensive, time consuming, and confrontational. While parties may be able to appeal a court’s decision, the outcome of the dispute is ultimately determined by the court. In contrast, mediation provides an opportunity for the parties to create a solution to their dispute instead of surrendering their power to the court to decide the outcome. Mediation also allows them to negotiate in a private setting. During the mediation process, an impartial third-party mediator assists the parties in facilitating a resolution that is mutually acceptable. Since the process is voluntary, the parties can also choose to end the mediation process at any point without having to go to court. Overall, mediation offers an opportunity to resolve disputes without the expense and time associated with litigation.

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Is mediation confidential?
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How does mediation differ from traditional litigation?

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