MEDIATION MAGIC
| MEDIATION | LITIGATION |
| Usually Voluntary | Not voluntary |
| If agreement, enforceable as contract | Binding, subject to an appeal |
| Neutral selected by parties, may have subject- matter expertise, may be facilitative, evaluative or a blend | Imposed decision-maker with reference to precedence |
| Quasi-formal | Formal, rigid rules |
| Freedom to choose how and when to present evidence and arguments, often focused on the future | Opportunity for each party to present proofs, evidence and arguments, focused on past events |
| Outcome: mutually acceptable agreement sought | Outcome: Imposed decision, supported by reasoned opinion |
| Private | Public |
| THE MEDIATOR’S ROLE | THE LITIGATOR’S ROLE |
| A problem solver; brings a clear head and creative mind to help parties construct outcome that meets their needs. | A litigator’s focus is primarily on legal rights and remedies available under the law and nothing more |
| A sponge; that soaks up the parties’ feelings and frustrations and helps them to channel their energies into positive approaches to the issues. | A litigator rarely acknowledges client emotions, their primary role is to build a legal case, which can sometimes be adversarial and escalate tensions. |
| A scribe; who writes or assists in the writing of the agreement, checking that all issues are covered and that all terms and agreement are clear. | A litigator might draft settlement agreements, but these are often based on legal compromises rather than the fully explored needs of each party. |
| A settlement supervisor; checking that settlement agreements are working and being available to assist if problems occur (this is occasionally requested). | A litigator’s involvement typically ends with the finalization of a settlement or judgment |
| A settlement prompter; who, if no agreement is reached at the mediation at first, will help parties to keep the momentum towards settlement | A litigator’s focus might shift to preparing for trial if settlement talks stall, potentially leading to increased costs and delays. |
Working Hours
24/7 Hours services