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Comparison of Mediation and Court

lightstone mediation services


COMPARE

MEDIATION

COURT

Adversarial No Yes
Communication Generally is Better success rate Poorest Rate
Compliance with Results Better success rate Poorest Rate
Confidential Yes No
Control—who has it? Parties Judge
Co-operation between parties Best Opportunity Poorest Opportunity
Cost Least Expensive Most Expensive
Decision making done by Parties Judge
Decision binding and enforceable Yes Yes
Emphasis is on Co-operation Conflict
Final Results determined by Parties Judge
Lawyers role Advisor Advocate
Maintain Future Relationship Best Opportunity Poorest Opportunity
Mediator decides outcome No No
Mediator helps parties talk Yes No
Place of mediation decided by Parties Court
Result Most Creative, win/win Least Creative, Win/lose
Satisfaction level Highest Lowest
Stress Level Lowest Highest