Mediation offers a broad range of options to resolve a conflict. Litigation, on the other hand, offers merely what the law permits. A judge’s choices are limited to those within the judge’s jurisdiction. In a mediation setting, thought, parties can reach agreements which a judge would not be able to consider.
Collaboration between parties, even people who are having trouble communicating, through and with a mediator provides the opportunity to discuss the whole, big picture. Before a judge, parties will be limited to discussing the legal issues. In mediation, the airing of the dispute, in detail, can lead to a resolution agreed to by both sides without the limitations imposed in Court.
Nancee Tomlinson