Mediation vs Court: Choosing the Best Route

The right process saves time and money

Not every dispute needs a long court battle. The best approach depends on your goals: speed, cost, confidentiality, relationship preservation, and enforceability.

Mediation: when it works best

• Speed: often faster than court.
• Control: parties shape the outcome.
• Confidentiality: protects reputation and business relationships.
• Relationships: better for family or ongoing commercial relationships.

Court: when it may be necessary

• Urgent orders: injunctions or preservation orders.
• Uncooperative party: where settlement is unlikely.
• Public record: sometimes a public determination is desired.
• Precedent: certain issues require a binding legal ruling.

A simple decision guide

• If you want speed and confidentiality → start with mediation.
• If you need urgent orders or the other party is refusing → court may be required.
• In many matters, a hybrid strategy works: negotiate first, litigate if necessary.