Mediation, as compared to litigation, offers several benefits. Mediation is less expensive, and disputes are typically resolved on a much shorter timeline. Furthermore, the outcome of mediation is often a creative solution that is custom-tailored to meet the interests of both parties. This creative factor is not typically present in litigated cases.
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Conflict Resolution Methods
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Mediation |
Facilitation |
Negotiation |
Arbitration |
Litigation |
Positives for parties |
Parties decide the terms of the outcome.
Neutral third party is present.
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Parties control the direction and terms of the process.
Neutral third party is present.
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Parties have the authority to limit information sharing. Parties decide the process and outcomes. |
Parties limit the information they share with each other and decide if the final agreement is court-binding.
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Judge makes a definitive rulling that is enforcable by law. |
Negatives for parties |
Mediator controls the communication process.
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No unilateral decision making by any one party. |
Neutral third party is not present during this process to level any power imbalances. |
Arbitrators can require findings of facts and will decide the outcome. |
The final decision is a matter of the court; infractions against the final ruling can lead to legal prosecution. |
Cost for parties |
$$ |
$ |
$$ |
$$$ |
$$$$ |
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For more information on mediation or any other conflict resolution practice, please call 203-215-3553 or email at info@esecrc.com
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