Litigation is a stressful and expensive process, so before starting a case against someone, consider whether mediation is a better alternative. Mediation is a way to solve disputes but, instead of seeing a judge, an unbiased third party helps those involved reach an amicable resolution. People don’t often realize divorce, child custody, and even a neighborhood dispute can be settled before a mediator.


For many people, mediation can be a more satisfying avenue for resolution than a lawsuit. It’s a mediators’ job to help resolve disputes with everyone’s best interest in mind — without anyone feeling judged. Mediation means both reaching a resolution to a conflict while still maintaining positive relationships between those in the conflict.  Here are some reasons mediation can be a better path to resolution than litigation.


  • It’s affordable – Mediation is faster and less expensive than litigation. Lawsuits can be expensive, sometimes costing up to $10,000 or more, leaving you owing more than you could possibly be awarded. Mediation costs considerably less, usually split between the parties and is a much less time consuming process. Where litigation could take several months to years, mediation could potentially be completed in as little as a few hours.
  • It’s confidential – Court proceedings are a matter of public record where all your personal information is available for anyone to see. Mediation is private and confidential. All parties sign confidentiality agreements, and no information will ever be disclosed to anyone else. Since most cases that utilize a mediator involve personal issues, this is a trustworthy solution.
  • It’s unbiased – There is no judge determining a verdict of guilt or innocence in the mediation process. All parties’ interests are taken into account, and it is the involved parties who determine the outcome. A mediator doesn’t decide the terms of the settlement; they simply make sure everyone walks away as satisfied as possible.
  • Improved communication – It can be difficult to express your wants and needs if you are hurt by or angry with each other. The neutral environment mediation provides enables the parties to discuss their dispute fully and clearly and in a healthy way. A mediator will also guide both parties through effective communication skills.
  • There is no winner or loser – Because mediation is a process in which a mutually beneficial and voluntary resolution is reached, no one gets more or less than both parties agree to. Everyone gets to walk away satisfied with the results as opposed to litigation which can leave one or both parties feeling frustrated. 


Occasionally, mediation doesn’t resolve all the issues, resulting in an impasse between the two parties. Even in these circumstances, most people find that mediation helped the parties in conflict reach a temporary solution and also helped clarify the issues between them.


While an attorney isn’t required for mediation, it can help to have someone on your side during the proceedings. To learn more about whether mediation is the right path for you, contact Erney Law today. A case resolved with assistance from an impartial individual saves you money, time, and stress.