Nesther Mediation LLC

bilingual mediaton / mediaciÓn bilingüe

mediation vs Litigation

​​​" Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser -- in fees, expenses, and waste of time.  "

—Abraham Lincoln,

“Notes for a Law Lecture”, circa 1850. 

Very simple: because mediation works.


When a dispute arises two valid options to deal with it are on the table. On the one hand, to proceed with a litigation process and on the other hand, to participate in mediation. These are some of the reason about why you should choose mediation:

  • Saves time; quicker than litigation
  • Procedurally simple
  • Cost-Effective
  • Confidential
  • Allows active participation
  • Parties use their own values
  • Feelings are important
  • Reduces stress and anxiety
  • More productive
  • Parties can readjust their perspectives
  • Parties control the outcome of the process
  • Parties can offer an apology
  • Parties can forgive and be forgiven
  • Solves Problems
  • Win-Win Situation
  • Preserves relationships

          and

  • High degree of compliance with the agreements
     

Mediation is considered to be cost-effective because it reduces costs and it makes the system available to a large number of citizens.


Mediation is confidential and its confidentiality is protected by law. Meanwhile, litigation processes in the courthouse are public and you need to be aware of that if you decide to litigate.


Many courts order to the parties in dispute to participate in mediation to try to resolve it. Mediation may be mandatory in most of the cases where minor children are involved like Dissolution of a Marriage (Divorce cases). So, why to spend long hours and a big amount of your resources in a litigation process if you are going to be ending in mediation?  


Mediation simply works because when you are actively involve in the solution of your dispute, the parties of the conflict reach a decision that is adjusted to their own reality. Parties can deal with the solution that they reach by coming to an agreement. In long term, people who participate in mediation highly complies with the agreements and are happier with the results that allow them to put an end to their disagreements.

Follow one of my colleagues' advice: "you can always fight later if you can’t resolve the issues in mediation.​" - JB.

Why Mediation

Why Mediation

mediation

vs  litigation

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