Quality, Responsive and Trustworthy Legal Services
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Quick Summary of the
Differences Between Court and Mediation:
| COURT PROCESS |
vs. |
MEDIATION |
| Judges and the law control outcome |
|
Attorneys and clients control the outcome |
| Takes place in court – formal |
|
Takes place at an office – informal |
| Judge makes decisions for you |
|
You and other party make your decisions |
| Risk because the judge has broad discretion |
|
Certainty – avoid risk of outcome in court |
| Costly, whether you win or lose |
|
Less costly in the long run |
| Time consuming with many details |
|
Quick because it looks at the big picture |
| No idea how long final result will take |
|
You’re usually finished the day of mediation |
| Decision based on the law (not very flexible) |
|
Decision based on your goals |
| Win/lose structure |
|
Compromise and possibly a win/win |
| Even “winning” takes a huge emotional toll |
|
Relief of a finished legal situation |
| Public forum, even with embarrassing marital fault or child custody testimony |
|
Private forum. Fault is not the focus nor is it part of “the record” in a court room |
| Adversarial – different goals |
|
Part adversarial and part cooperation |
| Full disclosure and penalty of perjury |
|
More trust is involved |
|
|
|
