|
Jury
trial |
Mediation |
| Accessibility: |
Months
or possible years |
Days
or weeks |
| Cost: |
Significant
cost in terms of both time and money |
Comparatively
nominal |
| Preparation: |
Trial
preparation expensive, time consuming and costly |
Should
be thorough, but is much less time consuming and costly |
| Risk: |
Is
a Win/Lose situation. Each party's fate is taken out of
their hand and placed into the hands of the judge and
jury |
Normally
results in a Win/Win outcome with the parties mutually
agreeing to a resolution that each is satisfied with.
The process is risk free. It's completely confidential
and if there is no resolution, the parties still have
every legal remedy available to them. |
| Focus: |
The
focus is primarily on the facts and the law. |
The
focus is on the parties' respective positions, issues,
interests and emotions. All points of view are considered. |
| Procedure: |
Trial
procedure is highly structured and for most parties, stressful
and traumatic. |
Is
more informal and relaxed. Less threatening and stressful.
Allows parties the opportunity to freely express themselves. |
| Results: |
Normally
produces a winner and a loser resulting in at least one
party being dissatisfied and unhappy. However, it is not
uncommon for all parties involved to be less than satisfied
with the outcome. |
Generally
produces a favorable outcome with a high degree of satisfaction
on the part of all parties with both the process and the
results. Approximately 75% of all cases submitted to mediation
result in an agreement between the parties. |