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10 Ways Mediation Is Different From Litigation!

10 Ways Mediation Is Different From Litigation!

As a highly skilled and medically trained divorce attorney and mediator for over 35 years, I have mediated and litigated many thousands of cases. I have the unique ability of identifying through extensive analysis of the personality traits of the spouses and the details of their case which divorce path will work best and provide optimum results!

Mediation and litigation are two distinct methods for resolving disputes, each with unique processes, benefits, and outcomes.

Mediation and litigation offer different journeys to resolving disputes, with mediation emphasizing cooperation, flexibility, and confidentiality, and costing less while litigation involves a formal, adversarial process with a binding decision made by a judge often costing a lot more than mediation.

My role as a divorce attorney and trained mediator is to guide spouses legally and psychologically so they can understand these differences and choose the most productive, cost effective and family friendly approach for their specific situation.

Here are 10 Ways Mediation Is Different From Mediation:

1. Nature of the Process

  • Mediation: A voluntary, collaborative process where a neutral third party (mediator) helps disputing parties reach a mutually agreeable solution.
  • Litigation: A formal, adversarial process where a judge makes a binding decision based on legal arguments and evidence presented by the parties.

2. Control Over Outcome

  • Mediation: Parties have control over the outcome and must mutually agree on the resolution.
  • Litigation: The outcome is determined by the judge, and parties must abide by the decision, regardless of their preferences.

3. Confidentiality

  • Mediation: Proceedings are private and confidential, often protected by law, meaning discussions and agreements are not disclosed to the public. This process is particularly useful for high profile individuals, politicians and celebrities.
  • Litigation: Court proceedings are typically public records, making the details of the dispute and the final judgment accessible to the public.

4. Formality

  • Mediation: Informal and flexible, allowing parties to communicate openly without strict procedural rules.
  • Litigation: Highly formal, governed by strict procedural rules and legal protocols that must be followed precisely.

5. Time and Cost

  • Mediation: Generally faster and much less expensive, as it avoids prolonged court procedures and associated legal fees.
  • Litigation: Often time-consuming and costly, with cases potentially dragging on for months or years due to court schedules and extensive legal processes.

6. Focus on Relationships

  • Mediation: Aims to preserve and improve relationships by fostering cooperation and understanding between parties.
  • Litigation: Typically adversarial, often leading to strained or broken relationships due to the confrontational nature of the process.

7. Flexibility in Solutions

  • Mediation: Offers creative, tailored solutions that can address the specific needs and interests of the parties involved.
  • Litigation: Solutions are limited to legal remedies, such as monetary compensation or specific court orders, which may not fully satisfy the parties' interests.

8. Voluntary vs. Mandatory Participation

  • Mediation: Participation is usually voluntary, though some jurisdictions may require mediation before allowing a case to proceed to court.
  • Litigation: Participation is mandatory once a lawsuit is filed, and parties must follow court orders and procedures.

9. Role of Lawyers

  • Mediation: Lawyers may be present behind the scenes to advise and support their clients, but the process is less reliant on legal representation.
  • Litigation: Lawyers play a central role, representing parties, presenting evidence, and making legal arguments on their behalf.

10. Emotional and Psychological Impact

  • Mediation: Often less stressful and more empowering for parties, as they actively participate in crafting the resolution.
  • Litigation: Can be emotionally taxing, as parties may feel powerless and stressed due to the adversarial and unpredictable nature of the process.

For over 35 years as a psychologically-trained divorce attorney and mediator, I have been guiding spouses successfully to find the right path to divorce. When considering divorce, there is so much to think about, and lots of questions and concerns.

As a seasoned divorce attorney, I can help you successfully move through this process. It’s important to be informed, know your options, and find some clarity so you can make important decisions.

Let me be your divorce guide. Call me, ask all your questions, and let me give you lots of helpful answers.

Schedule your free informative consultation right now! Call 212.734.1551.

I look forward to helping you.

Warm regards,


Call New York Divorce Attorney Lois Brenner Now to schedule your FREE consultation!