Mediation vs. Litigation?

Many Mediators seem to think that the rest of the world knows and understands what it is we do. Not always true.

Litigation – This is the way most people resolve disputes. Each person hires an attorney who argues with the other attorney over every legal issue related to the dispute. The parties give away their power and the control over the outcome of the dispute to a judge who will decide their case. The litigation is focused on the past, it is confrontational, and it often leaves the parties angry and bitter. Litigation is costly and time-consuming. And it’s not confidential. The courtroom is open to the public.

Mediation – This is considered to be the preferred way to settle disputes, particularly those pertaining to couples, families, children and partnerships. It is efficient, less costly, and it allows all parties the chance to openly discuss their concerns and craft a legally-binding agreement that is mutually satisfactory to everyone involved. The parties remain in control of the process – not a judge. Mediation tends to focus on the future in order to help everyone move past the conflict. The mediation process and all records are kept confidential.

What is the role of a mediator?