Understanding the pros and cons of mediation and litigation can help you choose the right approach for resolving your guardianship or estate dispute in New York. Depending on the circumstances of your case, one option may be better suited than the other.
What Is Mediation?
Mediation is a form of alternative dispute resolution (ADR) that relies on a neutral third-party mediator to help the parties come to an agreement in a non-confrontational setting. The goal of mediation is to achieve a mutually acceptable outcome to the dispute without needing court intervention.
Advantages of Mediation
The key advantages of going through mediation to resolve a legal dispute are:
- Cost-Effective – Court battles can be costly as both sides incur legal fees. Typically, splitting the cost of a neutral mediator is less expensive.
- Faster Resolution – Mediation can often be scheduled and concluded faster than court cases.
- Confidential – Mediation proceedings are private, which is often ideal for guardianship and estate disputes involving your family.
- Customized Solutions – Mediation allows for a broader range of possible solutions to the dispute, meaning you can come up with a solution tailored to your circumstances.
- Collaboration – Since mediation is a collaborative effort between the parties, it can help preserve relationships.
Challenges of Mediation
In most cases, the benefits of mediation outweigh the challenges. However, challenges to be aware of include:
- Voluntary Participation – Mediation can only happen if both parties agree to participate. Even a court-ordered mediation will fail if one party refuses to engage meaningfully.
- May Not Be Binding – Mediation isn’t always legally binding. Parties can get around this challenge by signing a legally binding agreement.
What Is Litigation?
Litigation is the formal legal process by which a court judge (or jury, in other cases) decides how to resolve a dispute between two parties. It follows strict legal procedures and typically results in one party “winning” the dispute.
Advantages of Litigation
Some of the most significant advantages of litigation for resolving guardianship or estate disputes are:
- Legally Binding – Court rulings are legally binding and enforceable by law, providing closure for the parties.
- Structured Process – The structured litigation process can give both parties equal opportunity to present their case.
- Discovery – The discovery phase of litigation enables the parties to obtain evidence from each other, providing them with all of the information relevant to the case.
Challenges of Litigation
The challenges of litigation are why most disputes are resolved without going to court:
- Time-Consuming – Court cases can take months to resolve, wasting the time of both parties if mediation would have worked.
- Expensive – Litigation can be expensive, with the cost depending in part on how long the case goes on.
- Public Records – Litigation results in a public record of the case, which may not be ideal for families going through guardianship or estate disputes.
- Adversarial – Litigation is adversarial in nature and can strain relationships and create long-lasting conflict between the parties.
Choosing the Right Approach
Deciding whether mediation or litigation is right for your case depends on several factors, including the complexity of your case, your relationship with the other party, and your desired outcome.
Most legal disputes end without going through the full litigation process. However, that also doesn’t mean mediation is always the right choice. Sometimes, a combination of the two is necessary, as one party refuses to agree to mediation until after litigation proceedings begin.
Contact Our Lawyers for Assistance with Your Guardianship or Estate Dispute
If you need help resolving a guardianship or estate dispute in New York, contact Kohan Law Group, P.C., for a consultation with an experienced attorney. We’ll review your case, review your dispute resolution options, and help you determine the best course of action.