Mediation vs Litigation: Cost Comparison
Mediation resolves disputes faster and cheaper than litigation, with 70-80% success rates. Litigation provides enforceable judgments but takes years and costs significantly more.
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| Criteria | Mediation | Litigation | Winner |
|---|---|---|---|
| Average Cost | $5,000-$15,000 | $25,000-$100,000+ | Mediation |
| Timeline | Weeks to months | 1-3+ years | Mediation |
| Success Rate | 70-80% settlement rate | 95% settle eventually | Mediation |
| Enforceability | Agreement is a contract | Court judgment | Litigation |
| Privacy | Confidential | Public record | Mediation |
Our Verdict
Try mediation first for most civil disputes. It's faster, cheaper, and private. Reserve litigation for cases where the other side won't negotiate, you need precedent, or you need court-enforced remedies.
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Frequently Asked Questions
Is mediation binding?
The process is voluntary, but the resulting agreement becomes a binding contract. Some mediations result in consent judgments filed with the court.
Can I still sue after failed mediation?
Yes. Failed mediation does not prevent you from filing or continuing a lawsuit.