THE TOP TEN REASONS WHY MEDIATION IS BETTER THAN TRIAL

1.    In trial,the outcome is up to the Judge's discretion. 

In mediation, the clients have control of the outcome.  This often allows for more creative solutions that best fit your families needs and goals.

2.    In trial, Judges, lawyers, and rules can drive up the cost of the litigation.

In mediation, the clients have much more control the cost.

3.    Litigation is a high stress environment. 

Mediation is not zero stress, but the stress can be manageable.

4.    Litigation can take years to complete. 

In mediation, the clients control the time spent to complete the process.

5.    In trial,the rules are set by law.

In mediation, the clients can make up their own rules in order to make the process as easy and comfortable for them as possible.

6.    Litigation is adversarial by design. It is a type of war between the litigants.

Mediation is compromise by design. It is a way to make peace.

7.    In litigation, you see the Judge wherever she/he works. 

In mediation, the client can select a convenient and comfortable location to meet.

8.    In litigation, the days of the week and the time of day that the parties are required to participate is scheduled by the Judge and the court system.  Often times due to the overworked court system this results in considerably waiting at the court house or even continuances which drive up the costs. 

In mediation, the days of the week and the time of days can be selected by the parties to meet their individual needs.

9.    Litigation takes place in a public forum. 

Mediation takes place in a private, confidential environment.

10.   In litigation, the lack of control, high costs, high stress, extended time, rigid rules, adversarial process, inconvenient location, inconvenient times, and the public nature of the process often leads to a bad outcome.

In mediation, the client's control, managed costs, reduced stress, short time frame, flexible rules, spirit of compromise, convenient location, convenient times, and private forum usually results in a good outcome that preserves family relationships.

~ OCBA Family Law Meeting, March 2018 (with revisions/additions)