How does mediation differ from traditional litigation?

Mediation is a process that involves the use of a neutral third party to settle a dispute between two parties. Traditional litigation is a process that involves a judge and jury to preside over a legal dispute and make a decision as to which party is at fault and the damages that must be paid. In Wisconsin, mediation is a form of alternative dispute resolution (ADR), which is a less formal, less costly, and faster way of settling disputes than traditional litigation. Mediation in Wisconsin is voluntary and confidential, which means that both parties must agree to the process and any discussion that occurs during the mediation cannot be used in any future court proceedings. Unlike traditional litigation, the mediator acts as a facilitator and does not have the power to make legal decisions. The mediator does not take sides but instead works to bring the parties to common ground and help them reach an agreement that is satisfactory to both parties. In contrast, traditional litigation involves litigation by attorneys and can be a long, expensive process with unpredictable outcomes. The outcome of the case is decided by a judge or jury and is legally binding. In many cases, the legal costs can be so high that there is no other viable option for parties to pursue a legal remedy. In conclusion, mediation in Wisconsin is a more efficient and cost-effective way to settle disputes than traditional litigation. The mediator works to guide the parties towards a mutually beneficial agreement, rather than a legally binding decision. This makes mediation an attractive option for many parties looking to settle disputes outside of the court.

Related FAQs

Is the mediator allowed to provide legal advice to the parties?
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What is the difference between mediation and collaboration?
What happens if the parties cannot reach an agreement in mediation?

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