|
Factor
|
Litigation
|
Mediation
|
Mediation Advantages
|
|
Time
|
Lengthy
|
Short
|
Avoid
delays
|
|
Cost
|
Expensive
|
Inexpensive
|
Greater
satisfaction
at less cost
|
|
Confidentiality
|
Public
|
Private
|
Avoids
negative publicity
|
|
Decisions
|
Court
|
Participants
|
Greater
perception
of "fairness"
|
|
Communication
|
Attorneys
|
Direct
|
May
actually
improve relationship
|
|
Agenda
|
Set
by court
|
Set
by parties
|
Participants
have
more control
|
|
Emotional
needs
|
Often
ignored
|
Considered
|
Greater
satisfaction
with result
|
|
Control
of process
|
By
attorneys
and the court
|
By
participants
|
Participants
are
empowered; may stop mediation at any time
|
|
Compliance
|
Unknown
|
High
|
Less
chance of relitigation
|