More important than the positive benefits of mediation are the negative aspects that come without it. Litigation is often necessary to uphold a person’s rights, but it has many disadvantages that should be considered before making it the first option. These are some of the considerations of litigation that aren’t always taken into account:
- The Cost – Even if a case is won, the expense can be extremely high thanks to attorney fees, court costs, time involved, and earnings lost in the process. Winning the case and losing money to do it is not a cost effective solution.
- Time frame – It is almost common for litigation to take over two years to complete. Even then, an appeal can cause it to go on even longer.
- Uncertainty – Being right and winning are not necessarily the same thing. Some cases are lost that seemingly were very clearly judged in the wrong manner. Anytime a case goes to trial, there is a possibility that justice won’t be served the way a person expects.
- Stress and Emotional Distress – When the litigation drags on, whatever caused the suit in the first place is rehashed continually causing the aggravation or pain continually to be brought to mind. The parties involved in the litigation usually lose all respect for each other, no matter what their relationship was before the suit was brought.
- Cold Resolution – Many times, there is no clear winner in a trial because the courts must hand down resolutions based on strict principles of the law. There is no compassion or compromise. Reputations are damaged by accusations even if they aren’t true, and confidential issues are usually brought into public view.
Mediation may not be a perfect solution either, but it is a different approach that allows the parties involved to air their differences. Many times a compromise can be arrived at that is mutually beneficial to both. If you think mediation might be a solution for you, contact an Arizona attorney to get your questions answered.