you go to court or try mediation?
What might happen in court? What are the possible outcomes?
You could win your case or lose your case.
Are you comfortable with personal information being discussed in public?
Your case will be heard in open court.
How much time will it take and what will it cost to go to trial?
To appeal a verdict?
To resolve a countersuit?
While the court makes every effort to maintain a schedule, delays may occur.
How difficult will it be to collect a judgment?
The court does not collect a judgment on your behalf.
It is your responsibility to collect the judgment.
Will a favorable judgment resolve the underlying problem?
Even if you win in court, the problem may continue.
What is the appropriate process to resolve your dispute?
Quick Comparison Between Court & Mediation
||Directed by Judge.
Adversarial by nature.
|Directed by you and others involved.
Cooperative by design.
||Decided by Judge.
You win or you lose.
|Decided by you and all participants involved.
||No privacy; discussion is a matter of public record.
confidential (except as
defined by court rule).
||Scheduled at the
convenience of court.
Process may be lengthy with multiple court dates.
|Scheduled at a mutually agreeable time and place.
happens in mediation?
In mediation, the participants in the dispute talk about the facts and underlying issues that may exist. The mediator helps the participants talk about their dispute. The participants may reach a resolution that they create together and that works for everyone in the dispute. Participants do not give up their legal rights. If an agreement is not reached, participants can still go to court.
Mediation lets you decide.
In mediation, you and the other participants decide how to resolve your dispute. The mediator does not act as a judge, give legal or other advice, give opinions, or suggest how issues should be resolved.
Mediation is voluntary.
All participants involved in the dispute must agree to try mediation. In mediation, if the participants cannot reach a solution that meets their needs, they cannot be forced to agree to anything. Anyone may end a mediation session at anytime for any reason.
Mediation is confidential.
Mediation is a confidential process, which means the mediators will not testify about any mediation communications, and mediators are expected to keep information confidential. There are a few exceptions to mediator confidentiality, which include any reference to acts of child abuse, threats of harm to a person, or allegations of duress or fraud.
Why try mediation?
- save participants time and money
- reduce stress
- protect your privacy
- help repair personal and/or business relationships
Where can I find mediation?
The District Court ADR Office works with mediation programs throughout the state to provide an alternative to trial. The District Court ADR Office partners with Community Mediation centers around the state to provide free mediation services.
When can I try mediation?
You may try mediation either before or after a case is filed. If you want to try mediation after the case is filed you can try it before your trial date or sometimes even on your trial date.
Want to know more?
If you have questions about mediation or would like to try mediation, call us at 410-260-1676 or 1-866-940-1729.