Within the enormous framework of the rule of law are two concepts that occasionally compete with one another, but most often actually complement each other. Those two concepts are litigation and mediation. Both are extremely important aspects of the rule of law, both serve important purposes, and there are occasions when one is the more appropriate and preferable approach than the other. Both are means of settling legal matters, but there are some important differences and similarities between them, described below. Lesa Koski is trained in Minnesota law and mediation so can lend her expertise to you for either purpose.
What Is Litigation?
The term ‘litigation’ refers to the process of taking legal action. A more familiar synonym for litigation is the term ‘lawsuit.’ Litigation typically takes place in a courtroom, where the parties involved are most often represented by attorneys. The process is presided over by a judge. The judge hears the issues presented by both sides and comes up with a verdict which must be followed.
In some instances, people involved in litigation are given the option of pursuing their matters before the court via more traditional litigation processes (which is to say, in a courtroom setting) or via mediation.
What Is Mediation?
Mediation is a cooperative process of settling a dispute. When mediation is used as an alternative to courtroom litigation, the process is facilitated by a trained professional. One reason that mediation is considered an alternative to litigation is that it is a means of settling a legal matter without going to trial. The mediator, who by definition serves as a neutral third-party, works with the people involved to find a solution to the disagreements in question.
Choosing Between Mediation and Litigation for Your Case
Mediation has become a much more highly used option for settling disputes than ever before, primarily because it tends to be far less expensive than traditional court processes and allows the disputants to be more involved in decision-making and the resolution process.
By contrast, traditional litigation tends to be more contentious, especially when attorneys are motivated by winning the case, rather than finding the best possible resolution for all parties involved. Mediation is generally approached as a cooperative and collaborative process. Both parties are encouraged to identify and acknowledge areas of agreement and overlap, which can set a positive tone for discussing, addressing, and resolving their disagreements.
Certified Mediator & Lawyer Minnesota
One means of legal settlement is not necessarily better than another; both have their place and serve important purposes. For most people, mediation is a better alternative to disputes, such as divorce. Divorce mediation is an excellent way of resolving related issues related to children, such as custody and visitation. If you are involved in a legal matter and have considered pursuing mediation, contact Lesa Koski. Lesa can serve as your mediator or your attorney, but not as both for the same case. If you have questions or would like more information about her services, call (651) 214-5057.