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When you’re involved in a legal matter such as a personal injury claim, divorce, or civil dispute, a lawyer can help you resolve the issue in one of two ways—mediation or litigation. Here is a brief overview of the differences between these two methods of conflict resolution.

What Are Litigation & Mediation?

Litigation is the legal term for the process of bringing a lawsuit against another party to be settled in court. In a personal injury case, for example, a plaintiff will seek compensation for damages they’ve sustained as a result of a defendant’s negligence. A trial will be held, where arguments are made for both sides, and then a judge or jury will decide if the defendant is responsible for the damages and how much they should pay.

 personal injuryMediation, on the other hand, is an alternative to litigation. Utilizing the services of an impartial third party, called a mediator, the process attempts to settle a lawsuit without going to trial. In the case of a personal injury claim, a meditator will facilitate discussion between a plaintiff and defendant to see if they come to an agreement on a sum of money to be awarded for damages.

Which Method Is Better?

Though it depends on the specifics of each case, mediation is typically the easiest and more-affordable option because you avoid the time and expense of hiring lawyers and going to trial. While you’ll likely have to foot part of the meditator’s bill, the process typically lasts just a few hours, versus the months and years you may spend waiting for a hearing, going to trial, and having many costly meetings with a lawyer.

 

If you’re interested in settling a dispute via mediation or litigation, contact the legal team at Best & Westover Law in Kalispell, MT. For more than 40 years, this firm has been handling a wide range cases, including personal injury claims, divorce, child custody, and DUI charges, as well as estate planning, wills, and trusts. Visit their website to learn more about their practice, and call (406) 752-8731 to schedule a complimentary consultation.

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