Mediation and trial are distinct approaches to resolving disputes.  Both processes have the goal of resolving disputes, but they are very different in many ways. Understanding their differences is crucial for choosing the most appropriate method to use for a conflict.

1. Process and Structure:  Mediation is a flexible, informal process where a neutral mediator facilitates negotiations between participants to help them reach a mutually acceptable resolution. It focuses on collaboration and communication. In contrast, a trial is a formal, structured legal process where a judge hears evidence and arguments from both sides and makes a binding decision based on the law.
2. Role of the Neutral:  In mediation, the mediator’s role is to guide and assist the participants in finding common ground and negotiating a settlement. The mediator does not make decisions for the participants, does not offer legal advice, and does not tell the participants what will happen in Court.  After a trial, a judge will make a decision for the participants, based on evidence and arguments made during the trial.
3. Decision-Making:  The goal of mediation is a written agreement created by the participants. Mediation participants maintain control over the outcome of their mediation. In contrast, a trial results in a decision made by a judge, which may not fully align with what either participant requested. Both mediation and trial may result in an enforceable Order, but one is created by the participants and the other is created by a judge.
4. Confidentiality and Formality:  Mediation is confidential, which means that none of the negotiations during mediation may be shared with a court in person or in writing.  This confidentiality fosters open communication and settlement. Trials, however, are public proceedings, and the evidence and arguments presented become part of the public record.
5. Time and Cost:  Mediation generally involves less time and expense compared to a trial. Mediation sessions can be scheduled around everyone’s availability and often resolve disputes faster. Trials, due to their formal nature, involve extensive preparation, additional legal fees, and court time, making them more costly and time-consuming.

In summary, mediation emphasizes collaborative problem-solving and confidentiality with creative outcomes that are specific to each family’s particular circumstances, while a trial focuses on legal adjudication with formal procedures.  If you have any questions about the differences between mediation and trial or any other aspects of mediation, please contact Ann at 317-732-8585 or ann@thrashermediation.com.