Choosing to Mediate or Litigate

When it comes to conflict resolution, many individuals are often unsure of whether to choose mediation, or litigation. Many cases filed in the Florida court system reach settlement before trial, some much more rapidly than others. The longer the duration of the trial, however, the more costs are incurred by the parties. These range from a few hundred to several thousand dollars, and also include time invested. In this situation, both participants incur heavy burdens and costs by going to trial.

When parties choose to mediate rather than litigate, they present their case to a neutral party that helps them reach an agreement before any litigation costs are incurred. In many situations, opening up to a neutral third party allows participants to communicate efficiently and reach a solution without needing to litigate. When compared to litigation, the costs of mediation are much lower, and also help avoid strains between business and personal relationships that are difficult to avoid when there is a lawsuit involved.

The complex and time consuming process of litigation makes mediation a sound alternative for conflict resolution. Mediation offers parties a casual and timely manner in which they can achieve a mutual agreement, without the personal and financial backlashes of litigation. A proper mediator can provide a third-party neutral source to help evaluate a case and facilitate problem resolution between both parties, so that in the end both parties are satisfied with the outcome. A neutral mediator will also give participants insight to the risks and costs of choosing to resolve a problem with the help of a judge or jury, should they decide to do so.

The mediation process is most successful when both participants are willing to work together with one other and the mediator to review options and come to an agreement. A mediator will facilitate communication and problem solving until a settlement is made, or until it is determined that an agreement cannot be reached at that time. Mediation frequently serves as a beneficial alternative for parties hoping to learn, communicate, and reach a solution for their problem without the time and financial investments that are spent, and sometimes never recovered at trial.