Mediation vs. Litigation: Understanding the Tradeoffs

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, experts, and trial preparation.

• Compare remedies: a negotiated agreement can sometimes address practical or business terms a judgment cannot.

Key Takeaway

Use mediation as a structured decision-making process: understand the case, the cost of continuing, and the terms that could create a workable resolution.

Frequently Asked Questions

Does mediation replace litigation?

Not necessarily. It can occur before or during litigation, and the case can continue if no settlement is reached.

Is mediation binding?

The mediation itself generally does not force a settlement; a signed settlement agreement can create binding obligations. However, you can determine and agree upon key terms in mediation that are later memorialized into a binding agreement. 

When is litigation preferable?

That depends on the dispute, the need for judicial relief, the parties’ positions, and the risks and costs involved. Some form of litigation, such as discovery many occur first so that the parties are better prepared to mediate their case.

Struthers Legal provides mediation services for parties seeking practical and efficient resolution of disputes.

The information in this post is for general information purposes only. Nothing on this post should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.