JUS 630 Week 3 Topic 3 Discussion 2

Benefits to mediation versus litigation

Mediation is so quick, and in most scenarios, it usually takes a daysor weeks only for the case to be completed as compared with litigation that usually takes months and years for a case to be completed which is long (Relis, T., 2009).

Mediation is less expensive as compared with litigation because, in mediation, it is a mediator and some community members who sit down to solve the case but in litigation, a party has to pay more money to an attorney.

Mediation is less formal and the parties involved usually talks freely without restrictions leading to an amicable solution while litigation process is formal and only guided by procedures and laws and the solution arrived at in most cases is not satisfactory to both parties.

Mediation is more flexible as compared with litigation which is rigid because it is guided by laws and procedures. The flexibility makes it important than litigation because both parties can agree and amends are made, but there is no local agreement in litigation.

Mediation preserves relationships because both parties usually reach to an agreement together which each party is comfortable making them continue with the previously good relationship. In litigation, the relationship is not preserved because both parties are usually involved in a legal tussle and thus always continue with enmity even after litigation process.

There is privacy in mediation, unlike litigation. In mediation, it is the parties concern, relatives, and few communities’ members together with mediation who solve the case and end but in litigation, the media gets the proceeding of the courts and share with the general public.

Reference

Relis, T. (2009). Perceptions in litigation and mediation: lawyers, defendants, plaintiffs, and gendered parties. Cambridge University Press.