Mediation vs. Traditional Litigation

Kathleen Tannian, Esq. is a member of The Massachusetts Council on
Family Mediation.
Efficiency:
  • Speed: Mediation usually takes less time than litigation due to its streamlined process.
  • Scheduling: It can be scheduled at the parties’ convenience, avoiding delays associated with court calendars.
  • Cost: Mediation tends to cost less than prolonged litigation.
Confidentiality:
  • Privacy: All discussions and documents in mediation are confidential and cannot be used in court if the case progresses to trial.
  • Private Sessions: Mediators can hold private sessions with each party, ensuring sensitive information remains undisclosed without consent.
  • Record: The only permanent record is the written agreement, which maintains confidentiality.
Control:
  • Self-Determination: Parties have the power to shape their own agreement, allowing for custom solutions tailored to their needs.
  • Flexibility: Mediation enables creative solutions that address broader interests, unlike rigid court decisions.
Satisfaction:
  • Participant Satisfaction: Mediation often leads to higher satisfaction by clarifying issues and resolving them even partially.
  • Usefulness: It helps in narrowing down issues and can be valuable even without a full resolution.
Durability:
  • Commitment: Agreements reached through mediation tend to be more lasting because they are mutually crafted, leading to greater adherence.
  • Compliance: Both parties are generally more committed to following the agreed-upon terms, due to the fact that both parties took part in forming the agreement.

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