For those who can benefit from it, mediation is a great way to resolve legal disputes without the cost, time commitment, and adversarial nature of litigation. Parties who wish to preserve their relationship, such as in divorce and other family law cases, can use mediation to work out mutually agreeable solutions to their problems. Mediation is not always an option however; sometimes the parties are unable to work together or unwilling to compromise, such as in cases of contested divorce or involving children. In those cases, litigation becomes necessary. Below we explore the benefits of mediation versus litigation in Georgia and identify when each is most appropriate.

Mediation is a type of alternative dispute resolution where the parties meet and, with the help of a neutral third-party mediator, collectively reach a compromise to solve their legal issue. Litigation, on the other hand, involves the court system and is adversarial in nature: a judge decides the “winner” and the parties do not have as much control over the outcome.

Generally, litigation is a lengthy process, and can be extremely expensive. For those cases that are appropriate, mediation can be an effective, efficient, and cost-effective solution to legal disputes. Although each case it different, in general mediation is much faster and less expensive than traditional litigation. The efficiency of mediation allows clients to save time as well as money on court costs and other associated fees.

Mediation is also a great way for parties to retain some measure of control over the outcome of their legal dispute. In litigation, each side is allowed to present their argument but the judge ultimately has the power to decide who is the “winner.” Mediation, on the other hand, allows each party to present their side to a neutral mediator who will work with the parties towards a mutually agreeable solution.

Another great benefit of mediation is that it is generally less stressful and less contentious than litigation. Because mediation is generally non-adversarial, it can be an excellent choice for those cases where the parties wish to preserve their relationship, such as cases involving families and couples.  

Unlike litigation where the court documents are public record, mediation is confidential. The privacy of mediation is great for cases involving children, or generally any case where the parties wish to keep their dispute between themselves.

However, mediation may not always be appropriate or may be unsuccessful; in those cases, litigation becomes necessary.

Litigation is best for parties that are unable or unlikely to reach a mutually agreeable solution, or for some cases where litigation is most appropriate. In cases where emotions are running high or the parties are especially contentious, such as with a contested divorce, the parties are unable to reach a resolution because they simply cannot work together or are unwilling to compromise. For those cases, litigation becomes necessary. By presenting their case to a third-party decision-maker, the parties receive a legal solution to their issue instead of being forced to work together to reach an agreement. An experienced family law attorney can help guide you through the litigation or mediation process and ensure that your interests are best represented and protected.

The Law Offices of Adam Stein are experienced in mediation and litigation

The Law Offices of Adam Stein are proud to provide alternative dispute resolution and litigation representation to residents of Gwinnett County, Georgia. To learn more about how our office can help mediate your legal dispute, and to receive your free consultation, please visit our website at www.family-lawyer.biz or contact our office at (770) 822-1985.