When individuals or businesses face disputes, they often find themselves choosing between mediation and litigation. While both aim to resolve conflicts, the processes, costs, and long-term impacts differ significantly.

What Is Mediation?

Mediation is a form of Alternative Dispute Resolution (ADR), where a neutral mediator facilitates discussions between the parties to help them reach a voluntary agreement.

• Advantages:
  • Faster resolution compared to courts.
  • Lower costs.
  • Preserves relationships and encourages cooperation.
  • Creative and flexible outcomes tailored to the parties’ needs.
• Disadvantages:
  • Not legally binding unless formalized in writing.
  • Depends heavily on the willingness of parties to compromise.

What Is Litigation?

Litigation is the formal legal process where disputes are resolved in court, and a judge makes a binding decision.

• Advantages:
  • Provides enforceable and authoritative judgments.
  • Suitable for complex or high-value disputes.
  • Ensures transparency and formal justice.
• Disadvantages:
  • Expensive due to legal fees and court costs.
  • Time-consuming, sometimes lasting years.
  • May damage relationships irreparably.

When to Choose Mediation or Litigation?

• Mediation works best when both parties seek a cooperative solution and value their ongoing relationship.
• Litigation is necessary when disputes require a final, enforceable judgment or involve parties unwilling to negotiate.