| Privacy - Courts are very public places and court documents are public as well. Mediation, by contrast, involves closed proceedings, which offer the benefit of keeping your personal and financial affairs out of public view. A final agreement, however, if made part of a court order will be a public document. Creativity - Due to the nature of our legal system, judges must follow certain rules when deciding cases. The types of relief (solutions) that a judge can order as the result of litigation are limited. The flexibility you have to reach your own result is one of the greatest benefits of choosing mediation. Fewer Costs - The role a consulting attorney plays in mediation is very different from litigation. Important steps, like the investigation and sharing of evidence, are more informal. This reduces the cost and complexity of a case. Consulting attorneys advise you about your legal rights and the consequences of mediated agreements. Faster Results - The formal procedures lawyers undertake in litigation are not only costly, they also take time. Built-in time delays can be kept to a minimum by informally sharing information. You can set the pace for the proceedings, rather than relying on a court, and mediators can take more time to handle your case than judges. Collaborative instead of adversarial - The combative hostility of litigation is not present in the mediation process. The participants work together to find a reasonable solution to the problem. The participants are not hampered with strict rules of evidence, and are free to look for creative solutions. |
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