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Mediation or Litigation? Choosing the Right Path for a Dispute

Mediation or Litigation? Choosing the Right Path for a Dispute

Most disputes never reach a courtroom. Here is how mediation compares with litigation on cost, speed, privacy and control.

Eleanor Calder

Eleanor Calder, Esq.

Founder & Principal Attorney

When a disagreement turns into a legal dispute, the first decision is not who is right. It is which process gives you the best chance of a fair result at a sensible cost.

How mediation works

A neutral mediator helps both sides reach an agreement. Nothing is binding until you sign, and the process is confidential.

When litigation makes sense

If the other side will not engage, a legal question needs a definitive ruling, or you need a court order quickly, litigation may be the better tool.

Cost and time

Mediation often resolves a dispute within weeks and costs a fraction of a lawsuit. Litigation can take a year or more to reach trial.

You can use both

Many cases begin in litigation and settle in mediation. A clear strategy keeps both options open.

This article is general information, not legal advice for your situation. For advice on your own matter, schedule a consultation.

Eleanor Calder

Written by Eleanor Calder, Esq.

Principal attorney at Calder Law, advising individuals, families and small businesses in New York and New Jersey since 2009.

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