MEDIATION
LAWSUIT
Expense The least expensive procedure in time and money The most expensive procedure in time and money
Control of the Process The parties remain in control and make their own decisions The judge is in control of the court proceedings
Control of the Decision The parties decide how they want to resolve the problem The judge decides who wins and who loses
Confidentiality Conducted under an umbrella of confidentiality Conducted in a public forum
Solution to the Dispute The parties create their own unique and mutually acceptable solution Generally limited to the award of a money judgment to the winner
Preserving Relationships A communications process with a much greater chance of preserving the business or personal relationship of the parties An adversarial "we against them" process tending to further aggravate the strain on the relationship

A lawsuit should be viewed as one of several tools available to resolve a dispute, and as a tool, it should be used only when it is absolutely necessary and when it’s the right tool for the job.  A lawsuit is the most costly  tool you can use to resolve a dispute not only in terms of expenses, but also in terms of your time and the degree of injury it can cause to existing and future relationships. 

 Mediation offers a viable alternative to a lawsuit.

 Mediation is less expensive
It offers the parties an opportunity to resolve the dispute more quickly and at less expense.  Because it is not adversarial, there is a much greater chance of preserving the current or future business or personal relationship of the parties. Mediation can be used before a lawsuit is filed in an effort to avoid the expenses and disruptions involved in a lawsuit.  It can also be used after a lawsuit has been commenced in an effort to resolve the dispute before expenses rise even further.

Mediation retains confidentiality
Mediation is conducted under an umbrella of confidentiality. All discussions and offers disclosed during Mediation remain confidential, and cannot be used outside of the mediation.   Mediation provides a means of resolving a dispute and retaining the confidentiality of private or other sensitive information.

Mediation allows the parties to remain in control
Neither party is required to accept a solution on terms they do not find acceptable. The mediator is a neutral party, and does not tell the parties what to do, does not give legal advice, and does not render a decision or impose a solution on the parties. The parties remain in control of both the process and the solution.

Mediation offers flexibility
The parties craft their own unique solution. They are not limited to only a money judgment, but can create a solution that meets their particular needs, interests and requirements.

Mediation is Voluntary
A solution is not forced upon the parties. Neither party is required to accept a solution or resolve a dispute on terms they do not find acceptable. The parties craft their own agreement resolving the issues. If the parties are unable to reach a mutually acceptable solution or agreement, they still have the option of a lawsuit.

Mediation can be used to resolve a dispute before you file an expensive and time-consuming lawsuit.

Mediation can be initiated after a suit is filed to resolve a dispute before your expenses rise even further.

Mediation saves you time by allowing for a quick resolution of the issues rather than waiting upon the court scheduling procedure.

Mediation allows you to control your own destiny by negotiating a solution that is acceptable to you.

Mediation offers you more flexibility by allowing you to craft your own unique resolution rather than only a money judgment.

Mediation is not "one party against the other," so you have a greater chance of resolving the conflict and preserving existing or future personal and business relationships.

Mediation is effective since a majority of the parties that use mediation are able to craft an acceptable solution to resolve the dispute.


JERRY KING LAW OFFICES
P. O. Box 160396
San Antonio, TX  78280
(210) 497-8046