Litigation-I Win, You Lose vs. Mediation-Win/Win

 



Litigation is a zero-sum game.  It destroys relationships and fosters enmity between the parties.  Parties rarely walk away happy.  Even if they win, the expense of litigation is enormous, and collecting on judgments is difficult. Disputes ultimately resolve, but the focus on winning at any cost can lead to prolonged legal battles.  Living with a lawsuit causes ongoing stress, which can distract you from your business and even have an effect on your health.



In a courtroom, the final decision lies with a judge or jury who may not fully grasp the complexities of the case. Parties relinquish control over the outcome, potentially leaving them dissatisfied with the final judgment.

Mediation has the opposite effect.  Rather than polarizing people, it enables the parties to attack the issues and not each other.   The process promotes open communication, collaboration and problem-solving, which enables parties to actively participate in crafting mutually beneficial solutions.  It results in an efficient, effective resolution to disputes.  It has also been demonstrated that parties are more likely to comply with mediated settlements.

While litigation has its place, its zero-sum game mindset stifles resolution. The escalating costs, limited control, strained relationships, and prolonged conflict associated with litigation can leave parties dissatisfied and emotionally drained. Embracing alternative dispute resolution methods that prioritize cooperation and collaboration can lead to outcomes that benefit all parties involved. By shifting focus from winning to finding common ground, we can foster a more harmonious and equitable approach to resolving disputes.

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