Don't Litigate - Mediate
| Mediation | Litigation |
| Cost | |
| Relatively low - only Mediation fee | Relatively high - Court fee plus lawyer's fees |
| Lawyer | |
| Not needed, but you can employ one if you want | Usually needed |
| Time Scale | |
| Mediation held as soon as Parties agree a date | Depends on Court but can be many months |
| Venue | |
| Neutral territory | Court |
| Procedure | |
| Informal: the Parties can choose the Mediator | Formal: Judge selected by the Court |
| Non-adversarial: Mediator helps Parties to take a fresh look at their dispute | Adversarial: Arguments emphasised in Court to sway the Judge |
| Privacy | |
| Private and confidential Nothing said in a Mediation can be used at trial if the dispute is not settled |
Public Can be reported in the Press |
| Decision Maker | |
| You | The Judge |
| Result | |
| "Win - Win" The Parties can agree any settlement that they can live with |
"Win - Lose" The Judge will decide which Party wins and which loses, strictly in accordance with the law |
| Enforcement | |
| The Parties sign an agreement, which can in certain circumstances be enforced by the Court | A judgement is enforceable by law |