Direct benefits of mediation
- Lower cost than a contested trial, often by an order of magnitude.
- Faster resolution — weeks rather than a court calendar.
- Party control and creative terms: a mediated agreement can include things no court could order.
- Confidentiality, so the dispute does not become a public record.
- Higher voluntary compliance, because the parties authored the agreement.
Indirect benefits
- Better co-parenting communication and fewer post-decree returns to court.
- Reduced emotional cost to the parties and, in family matters, to children.
- Reduced court backlog and public expense.
- Preserved business and community relationships.
When mediation is not the right fit
- An unmitigated domestic-violence power imbalance or a safety risk.
- A need for binding precedent or a public ruling.
- A party who lacks capacity, or authority to settle.
- A need for emergency relief.
How mediation works with your attorney
Attorneys may attend mediation, and many do. Any agreement should be reviewed by independent counsel before it is signed. Mediation complements legal advice; it does not replace it.
Arbitration in brief
Arbitration is private and binding, with a very limited right of appeal. It is usually chosen because a contract requires it, or because the parties want a decision without a public trial. Unlike mediation, the arbitrator decides.