Why Choose Mediation?

Mediation

• Control: Parties retain the most control. They choose to participate, select the mediator, shape the process and procedures, and must mutually agree to any settlement. Mediator facilitates discussion but does not impose a decision.

• Cost: Typically the least costly option. Fees include mediator hourly/daily rates and venue costs; attorneys’ involvement can raise costs but usually less than arbitration or litigation due to shorter timelines and informal procedures.

Arbitration

• Control: Moderate control. Parties can agree on arbitrator selection, rules (to an extent), and scope of issues, but the arbitrator controls hearing procedures and issues a binding decision (unless arbitration is nonbinding). Less party control than mediation, more than litigation on some procedural choices.

• Cost: Generally more expensive than mediation but often cheaper than litigation. Costs include arbitrator fees (often significant), administrative fees (if institutional arbitration), hearing expenses, and legal fees. Cost depends on complexity and number of hearing days.

Litigation

• Control: Parties have the least control over outcome. Court procedures, scheduling, and evidentiary rules are governed by statute and judge; the judge or jury issues the final decision. Parties control litigation strategy and settlement choices but not the formal process or final ruling unless they settle.

• Cost: Usually the most expensive option. Costs include extensive attorney fees, court filing fees, discovery expenses, expert witnesses, and potentially longer timelines that increase total expense. Appeals add further cost and delay.