When you’re facing a dispute, whether it’s business-related, family matters, or employment conflict, you have two primary ways to resolve it: mediation or litigation. Choosing the right approach can save you time, money, and stress. At Roberts and Zatlin, we help clients navigate these options to achieve the best possible outcome.

What is Mediation?

Mediation is a confidential process where you get a mediator who helps the parties in dispute communicate, negotiate, and reach a mutual agreement. Unlike a judge, the mediator does not make any decisions or take sides; the party stays in control of the outcome. Mediation is often faster and less expensive. Common situations where mediation is used:

• Family and divorce matters
• Business or contract disputes
• Employment conflicts
• landlord/tenant disputes
• Community or neighbourhood issues

Overall, mediation helps people solve disputes together, and it helps them come to a mutual agreement by talking it out.

What is Litigation?

Litigation is the process of resolving disputes through the court system. In simple terms, it happens when one party sues another, and the matter is decided by a judge or sometimes a jury. Litigation follows more strict rules and procedures, usually includes a plaintiff (the one bringing the case) and a defendant (the one defending). 

The steps of  litigation include:

• Filing a complaint or petition
• Serving the other party
• Exchanging evidence
• Pre-trial hearings
• Trial before a judge or jury
• Judgment or settlement

Common uses of litigation include:

• Business disputes or contract issues
• Personal injury claims
• Employment disputes
• Property or real estate conflicts
• Family law matters (if not resolved through mediation)

Overall, litigation is more time-consuming and often more expensive, but a legally enforceable result can set a legal precedent, Protection of legal rights.

Table of Mediation and Litigation

Features	Mediation	Litigation
Control over outcome	Parties decide	Court decides
Cost	Usually lower	Usually more expensive
Time	Often is faster	More time-consuming
Privacy	Confidental	Public record
Relationship impact	Can preserve relationships	Can strain relationships
Legal enforcement	Only if parties agree	Courts decision

When Mediation May Be a Better Choice? 

Mediation can be a highly effective way to resolve disputes, especially when both parties are open to cooperation and compromise. Here are several scenarios and reasons why mediation might be the best option for your situation:

1. You want a faster resolution
2. Cost-effective (cheaper option)
3. Maintaining a civil relationship 
4. Flexibility and creative solutions
5. Confidentiality

When Litigation  May Be a Better Choice?

While mediation works well for cooperative disputes, there are situations where litigation is the more appropriate path. Litigation involves formal court proceedings and a binding legal decision, which can be essential when disputes cannot be resolved through negotiation. Here are key scenarios and reasons why litigation may be the better choice:

1. One party refuses to cooperate
2. Legal enforcement is critical
3. Complex legal issues
4. High stakes or substantial damage
5. Public records can be beneficial
6. If mediation fails

How Roberts and Zatlin Can Help

Deciding what’s best between mediation or litigation for your circumstance it can be very stressful on choosing what is best for your certain situation. With the right legal guidance from Roberts and Zatlin, you can resolve disputes efficiently, protect your rights, and get the best possible outcome for you. 

Contact Roberts and Zatlin for a free consultation to figure out what approach you should take for your situation.