| Voluntary |
Mediation is a voluntary process- all parties have to agree to attend mediation |
Compulsory |
If you are sued, you are compelled to go to court or have a decision made in your absence |
| Informal |
Mediation is an informal process and the parties can choose what they want to discuss |
Formal |
Court proceedings are formal with formal documents setting out what the issues are |
| Parties talk directly to each other |
At mediation, the parties themselves speak to each other |
Lawyers speak to judge |
In court proceedings, the parties lawyers talk to the judge |
| Parties reach own solution |
The aim of mediation is for the parties to reach their own solution |
Judge makes decision |
In court, the judge makes the decision for the parties |
| Flexibility |
Because the parties reach their own solution, they can include any terms they wish |
Inflexible |
Often a court is limited in what they can do, for example, in a dispute involving a retaining wall between neighbours, the court may not be able to force a party to repair or rebuild the wall- so the issue remains even after litigation |
| Any Time |
Mediation can take place at any time in the dispute |
Court availability |
In court proceedings parties can wait months or even years before a court can hear the matter |
| Costs |
Mediation is likely to involve less cost to the parties |
Legal fees |
The use of solicitors and barristers and the technical rules of court make litigation expensive |
