LITIGATION OR MEDIATION?

 

Should you hire an attorney or a mediator?  Take the following self-assessment of your situation to find out.

 

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TRUE OR FALSE? 

1. I can't afford an attorney.​

Mediation is not free, but it is generally less expensive than both parties hiring an attorney and going to court.

With mediation, the parties split the mediation fees 50/50.   

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TRUE OR FALSE?

2. The other party has mentioned mediation or he/she may be open to it.

 

Unless ordered by a judge, mediation is voluntary, so both parties must agree to try mediation.  If one party wants to mediate and the other doesn't, the party that wants to mediate can ask the judge to order mediation.

 

TRUE OR FALSE? 

3. I am or have corresponded with the other party, even if it is only through email or text messages.

 In order for mediation to be successful, it helps if the parties have been able to keep some form of

communication going.  Mediation requires both parties to communicate, through the mediator if necessary, in  

order to reach an agreement both parties are happy with.

 

TRUE OR FALSE? 

4. I don't think my case is that complicated, but I haven't been able to resolve anything with the other party.

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There are no guarantees that mediation will resolve your legal issues, but it will provide both parties an

opportunity to express their concerns and, if an agreement is reached, it will be a decision by both parties rather than a decision made for them by the court.

 

TRUE OR FALSE?

5. I don't want to go to court.

 

With mediation, you don't have to.  If an agreement is reached by the parties in mediation, both parties sign

the written agreement, which can then be reduced to a court order, without going to court.

                                  

 

NOTICE: The above self-assessment is for informational purposes only is not guaranteed to provide an accurate assessment of any specific set of circumstances.