Mediation and litigation are not competing versions of the same process. One is designed to help parties negotiate a voluntary resolution; the other asks a court or jury to decide the dispute. When discussing case strategy within the firm or with clients there are a few factors to consider. What to Focus On Compare control: mediation lets the parties decide whether and how to settle. Compare cost and timing: litigation can require substantial discovery, motion practice, exper

When disputes arise, it's easy to assume that litigation is the only path to a resolution. In reality, many disagreements can be resolved more efficiently through mediation. Whether the issue involves a landlord and tenant, employee- employer, business partners, neighbors, or contractual disputes, mediation often provides a practical solution that saves both time and money. Litigation Is Expensive—In More Ways Than One Going to court rarely involves just attorney's fees. Ther