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The Pros and Cons of Mediation vs. Litigation for Attorneys

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Attorneys are faced with an important choice when it comes to settling disputes: mediation or litigation. While litigation can often be the more aggressive approach, mediation is a more collaborative and cost-effective alternative. Both methods have their advantages and disadvantages, and it can be difficult for attorneys to decide which one to pursue, observes Wade Kricken.

Let’s take a closer look at the pros and cons of litigation vs. mediation so that attorneys can make an informed decision when deciding how to proceed.
The Benefits Of Mediation For Attorneys
● Mediation is a great option for resolving disputes in many cases because it allows both parties to come together in a constructive setting to discuss their differences and work together toward a resolution. This process can be less costly than litigation since the parties don’t have to pay for expensive court costs, attorney fees, or other related expenses.
● Additionally, mediation allows each party more control over the outcome since they are working together towards an agreement rather than having a judge decide the case for them.
The Drawbacks Of Mediation For Attorneys
● While there are many benefits of using mediation as an alternative dispute resolution method, there are some drawbacks as well. In some cases, conflicting interests between parties can lead to prolonged negotiations that take up valuable time without leading to any sort of resolution.
● Additionally, if one party is unwilling or unable to negotiate in good faith, this could lead to further complications down the road if they are unwilling or unable to accept any proposed solutions from the other party.
● Lastly, even if both sides agree on something during mediation, any agreements reached do not become legally binding until approved by a court of law.
Mediation and litigation both have their advantages and drawbacks when used by attorneys in resolving disputes. Ultimately, it is up to each attorney–and their client–to decide which approach will best serve their needs in any particular situation Wade Kricken.

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