Litigation and Mediation

What is ‘Litigation’?

A controversy before a court or a "lawsuit" is commonly referred to as “litigation.” If the dispute is not settled by agreement between parties, it would eventually be heard and decided by a judge or jury in a court of law. Litigation is one way that people and companies may choose to resolve disputes.

Litigation and Mediation

The term "litigation" is sometimes used to distinguish lawsuits from “Alternate Dispute Resolution” methods such as "mediation.” Mediation is an effective way of resolving disputes using a neutral third party. A mediator facilitates a discussion with both parties, with the goal of reaching an agreement before a case goes to a judge or jury to determine a solution. Mediation can be a win-win solution for all parties.

Disputing parties may find themselves utilizing the mediation process to resolve their dispute through two different avenues:

• They may decide to try mediation as an alternative to going to court. This is pre-litigation mediation.
• They may have filed a lawsuit and have been ordered to attend mediation by a judge. This is litigation mediation.

When you schedule a mediation, you will need to know what type of mediation is being requested (pre-litigation OR litigation).

Why Judges Encourage Mediation

Judges recognize that disputants may achieve more satisfactory outcomes in less time and with less expense by using mediation rather than litigation. Although the court may resolve an immediate issue, judges realize that the underlying problems in many disputes cannot be resolved by the decision of a judge or jury. Mediation provides parties with an opportunity to resolve many disputes permanently and effectively. It also provides the courts with a mechanism to relieve overburdened dockets and help prevent disputes from escalating.