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.


  1. I have tried mediation and would prefer that to fighting with my husband, but our problem is that our house is worth way less than we thought. I was hoping that we could sell the house to pay off our debt, but it seems like we will still have debt once it is sold. I know you might not have an answer, I justed wanted to vent and find out if anyone else has had this type of problems. Any suggestions?

  2. My wife and I had the same problem as you Robin and we agreed to let her stay in the house for at least another year to build some equity. We got in touch with a non profit debt solution company to help us negotiate lower payments, interest rates etc. I know that this is not the best option because of credit, but I think it will help when we try to sell next year. I hope our debt is down far enough to at least break even when we sell. I hope this helps. Good luck.