Litigation is the resolving of a case inside a courtroom and letting a judge or a jury makes the final decision for both parties. It can be a lengthy, often expensive process that spans for months or years for discovery and obtaining trial dates that coordinate with schedules of the parties, lawyers, and judge. In a Judge trial in court, the judge makes the final decision on all issues and the judge’s decision is binding on all parties unless appealed and overturned by other judges.
In mediation, a neutral third-party civil mediator leads opposing parties in discussions where they attempt to brainstorm and formulate solutions together. Civil mediators do not make decisions during mediation—they lead participants to make their own mutually beneficial decisions in the case.
Civil mediation can be useful for all sorts of disputes—real estate involving land or property, probate or family law. Mediation is a flexible process that allows the parties to consider factors beyond just the rule of law, as a judge does.
Mediators, unlike judges, have the option to meet with parties separately before bringing all parties to the table as a group to work on problem solving as a whole. This type of freedom allows the mediator to get a clear picture and make reasonable suggestions that keep both parties in mind.
Unlike litigation, mediation and professional civil mediators often save the parties money, both real and in lost wages from taking time from work to attend lengthy trials. Mediation can be arranged to occur quickly to help resolve a case in a timely manner.
Additionally, unlike court-based litigation, a mediator maintains complete privacy for all parties involved. Things discussed during the mediation process are not disclosed publicly unless the parties agree to do so.
If you’re facing litigation and would like to consider other alternatives, contact an expert civil mediator in Louisiana today.
