How does mediation differ from traditional litigation?

Mediation is a voluntary alternative to traditional litigation, or resolving legal disputes through the court system. In mediation, the parties to a dispute meet with a neutral, third-party mediator who helps them communicate and work together to reach mutually acceptable solutions. With traditional litigation, a third-party judge or jury decides the outcome of the case. The primary difference between mediation and traditional litigation is the degree of control each party has over the outcome. In mediation, both parties have the opportunity to express their interests, concerns and expectations, and they work together to create a resolution that works for both of them. In traditional litigation, however, the final decision rests with the judge or jury, who determine the outcome of the case based on what the law says. Mediation is also a less formal and less adversarial process than traditional litigation. In mediation, both parties have the opportunity to explain their views on the situation and come to a cooperative agreement that works for both of them. In traditional litigation, the parties usually don’t have a chance to express their views and focus on finding the best solution for their needs. Mediation is commonly used in Washington for a variety of legal disputes, such as divorce, custody disputes, and even business disputes. Mediation is a useful tool for resolving disputes as it provides an opportunity to work together to craft creative solutions that work for both parties, while protecting both parties’ interests.

Related FAQs

How is mediator neutrality maintained?
What types of evidence are allowed in a mediated settlement?
What should parties consider when negotiating a mediated settlement?
How can I find a qualified mediator for my case?
What are the consequences if the parties do not comply with the mediated agreement?
Are there any differences between mediation in the Federal courts and mediation in the State courts?
How can I ensure that my rights are enforced in a mediated settlement?
What happens when the mediated agreement is challenged in court?
What are the advantages and disadvantages of mediation?
What is the process for resolving disputes through mediation?

How does mediation differ from traditional litigation?

Related FAQs

Related Blog Posts