The Advantages of Mediation Over Traditional Lawsuits

With greater control over the outcome and no win‑lose judgment, people are typically more satisfied with mediated agreements and more likely to follow them.

The mediation process allows parties to discuss their issues, clear up misunderstandings, and find areas of agreement in a way that’s impossible with a traditional lawsuit.

Courts may order parties to appear for mediation. Parties may also voluntarily seek mediation. In any case, courts cannot force parties to reach a mediated settlement. The mediator does not have the authority to make a binding decision.

This article discusses the advantages of mediation. Consider these advantages to help you decide whether proceeding with litigation in the court system is necessary.

Mediation, a form of alternative dispute resolution (ADR), might yield the outcome you’re seeking. But it’s not the only type of ADR, and it’s not well-suited for all legal matters. An attorney near you can determine if it’s the most effective choice for your legal issue.

Mediation Is Faster and More Cost-Effective

In mediation, the parties or the court select a neutral third-party mediator who acts as a facilitator of the parties’ mediation conference. The mediator will review the case and often speak with the parties one-on-one before the mediation to gain a clear understanding of the issues. Mediation conferences can be set much faster than hearing and trial dates in most circumstances. 

At the mediation, the mediator sets the ground rules for communication and serves as a referee of sorts. Through a structured conversation, the mediator seeks to allow each side to hear the other and then work toward resolutions that both sides can accept.

Mediation typically only takes days or weeks to complete. Lawsuits, on the other hand, are usually more time-consuming, taking months or years. When parties want to get on with their lives, mediation allows a more reasonable timetable for resolving a dispute.

Generally speaking, the cost of mediation is lower than that of a typical lawsuit. Employing a mediator will often cost less than both sides hiring lawyers. Combined with the much faster turnaround, you’ll pay less over a shorter period. For certain disputes, many courts and non-profits offer mediation services for free or at a nominal rate.

Mediation Is Confidential and Less Formal Than Litigation

The informality of mediation allows the parties to be more engaged than in a court-driven process. Traditional litigation has many rules of evidence and procedures designed to keep the parties separate or talking only through counsel. Since a mediator deals directly with the parties, the mediator can focus the parties’ attention on their needs and interests rather than on the formal positions in legal filings.

Unlike court cases, which are public, mediation is typically confidential. That means there are no records or transcripts. Any statement or notes made during a mediation session can’t be used or revealed later in litigation. This factor alone is a great reason to use mediation rather than filing a lawsuit.

Mediation Preserves Relationships and Offers Greater Flexibility

One of the most overlooked benefits of mediation as a dispute resolution process is that it can help preserve relationships that would likely be destroyed through years of litigation. Because mediation is a collaborative rather than adversarial process that doesn’t have a win/lose outcome, important relationships can often be saved. This is why mediation is often utilized in family law cases. Resolution of issues like child custody is common in divorce mediation.

In mediation, unlike in a lawsuit, the parties have greater control. This means the parties have a greater say in negotiations. They must approve any final agreement. This level of control lets them come up with creative solutions to their issues.

Mediation Typically Has Better Outcomes and Compliance

If the parties reach an agreement in mediation, the mediator will usually assist them in reducing the agreement to writing. If the parties have attorneys, then the attorneys will review the terms of a proposed agreement and may draft the final agreement or proposed court entry for the parties’ signatures.

Parties generally report better outcomes from mediation than from a lawsuit. At a trial or court hearing, the judge or jury issues findings for or against a party. If the trial was before a judge or magistrate, the written decision or order may not be issued for several weeks or months. A court can adopt a mediated settlement much sooner.

Parties are typically more satisfied with mediation because:

• There is no winner or loser
• There is no admission of fault or guilt
• Any settlement is mutually agreed upon

Compliance with mediated disputes is generally higher than with lawsuits. This is because mediation produces better results more quickly and cheaply. Successful mediation can lay the groundwork for collaborative, non-confrontational problem-solving. It can also serve to preserve meaningful relationships.

Considering Mediation? Talk to an Attorney

Meeting with a lawyer can help you understand how to navigate the legal system and different ADR methods. They can help you determine whether mediation or arbitration would be an appropriate way to resolve your legal issue and recommend the best path forward.

FindLaw’s directory of ADR attorneys can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Because state law is relevant, your attorney should be licensed in your state. Your search results will also show important details about prospective lawyers, like ratings and contact information.