Mediation vs litigation: what's the difference?
It is a question asked by many and some of you may still be confused by the answer, what is the difference between mediation and litigation?
Both processes are methods of conflict resolution, yet there are major differences which should be understood.Â
But before learning how they are different; you must first understand how both processes work.Â
What is Mediation?
Mediation is a form of dispute resolution that is an alternative to court proceedings and legal hearings.Â
The dispute is resolved by those who are parties to the dispute, with the help of a third party playing the role of a Mediator rather than a Judge or Arbitrator.
The Cambridge Dictionary (2019) defines Mediation as “The process by which someone tries to end a disagreement by helping the two sides to talk about and agree on a solution”.
Mediation is a negotiation process facilitated by the mediator. In mediation, the authority of decision-making is with the parties themselves.
What is Litigation?
Litigation refers to the legal process of resolving disputes through the courts. It involves presenting arguments and evidence before a Judge or Jury, who then makes the decisions based on applicable laws and facts of the case.
Litigation covers a wide range of legal matters, including civil disputes such as contract breaches, personal injury claims, and property disputes as well as criminal cases.
The litigation process typically begins with one party filing a claim or initiating proceedings in a court of law.Â
Subsequent stages may include pre-trial procedures, trials and potentially appeals. Litigation aims to provide a fair and impartial forum for resolving legal disputes and upholding justice.
What differs between mediation and litigation?
Mediation is entirely voluntary. If one party wishes to mediate a dispute with another party, and mediation is the right route, we will send an invitation to the other party. However, the second party is not required to accept the invitation and will never be forced to participate.
However, if a party went to a solicitor and wanted to go through litigation and the Court summons the opposing party, that party will be legally required to attend.
The costs also differ. Litigation is notoriously expensive, and this expense varies depending on your claim. In high-value cases, fees can exceed £40,000. Mediation, on the other hand, is a very cost-effective alternative.
At Disputes Mediation, we also provide Legal Aid. This means that if you are eligible for Legal Aid, you will receive free family mediation. Book a free initial consultation to learn more about our pricing and Legal Aid.
Confidentiality is a cornerstone of mediation. While litigation has some confidentiality that applies in circumstances such as sealed documents or privileged information, it is still a public process, with hearings typically being accessible to the public.Â
On the other hand, mediation is a completely private and and confidential process. This allows both parties to speak safely and without fear of their statements being used against them later if they proceed to court.Â
Which one should I choose?
Choosing between mediation and the litigation route depends on the dispute that you are experiencing. For example, if you have a civil dispute over a small amount of money (e.g. £500), then mediation would not be a suitable route because a full day of Civil Mediation can cost around £1000, excluding VAT.
When experiencing a family dispute involving children, the court will typically expect you to go through mediation and obtain a mediation certificate before going through the court process.Â
When deciding the route you should take, review the nature of your dispute and what you intend to gain by the end of the process.
Want to learn more about mediation? Visit https://helpwithchildarrangements.service.justice.gov.uk/professional-mediation
