Monday, September 1, 2008

Mediation versus Litgation

The two biggest differences between mediation and litigation are (1) mediation allows the parties to decide the outcome of their legal issues, while with litigation Judges decide the outcome of the legal issues; and (2) mediation is generally less costly and time consuming than litigation. For parties who have children, mediation may be particularly attractive as a means of making the process easier for them.

Mediation is a problem solving process where a neutral third party helps the parties facilitation discussion that allows the parties to mutually discuss and compromise as a way to settle issues such as child custody, child support, and property division. As a Certified Family Court Mediator, we can help you determine if mediation is right for you.

Litigation involves using Judges and Courts to decide the legal issues. The parties have to worry about witnesses, evidence, testifying and proving their version of the legal issues. Speaking with an attorney can help you explore your case and determine which is the best alternative for you.

We welcome you posts regarding questions and experiences with mediation and/or litigation in South Carolina.