Mediation is a form of Alternative Dispute Resolution (ADR). ADR is a term that refers to any method of settling a dispute without the use of a judicial decision or government process. Litigation is a method of resolving a dispute where one or more parties file a lawsuit against another.

Mediation brings together people (also known as "parties"), who have a dispute with one another. Mediation helps the parties identify and discuss the issues involved in the dispute, and where possible, to reach a resolution. Mediation allows parties to avoid the cost of litigation, and the time delays that are common in litigation.

Mediation is a voluntary process. There will be no mediation between parties if one or more parties do not agree to participate in the process. If parties come together to mediate and they are unable to reach an agreement, the parties can still go to court.

Parties who volunteer to mediate their dispute meet with a mediator. A mediator is a neutral third party. Mediators do not provide legal advice. A mediator does not represent any party participating in the mediation process.

With very few exceptions, e.g., where child abuse is revealed, mediation is confidential and the mediator cannot be called into court to testify regarding what transpired between the parties in mediation.

EXPENSE

Mediation - the parties to the dispute split the cost of the mediation. Disputes may be mediated in significantly less time than if litigated.

Litigation - each party pays for its own attorney. Additionally, there are court costs, and various other costs that add up to significant expense during the litigation process.

PROCESS

Mediation - the parties work in a cooperative framework and direct the discussion. While mediation is not counseling, parties may share their emotions related to the dispute.

Litigation - the parties work in an adversarial and confrontational framework. Discussion is directed by a man or a woman in a black robe (judge). The court has time to hear the facts. It doesn't have time for the parties to share emotions related to the dispute.