Resolving a Personal Injury Dispute: Mediation or Litigation?

When it comes to personal injury disputes, victims can opt for mediation or litigation. They can either mediate with the other party or resolve the issue in a court of law. 

These two processes are often referred to as mediation and litigation. Each path has its own pros and cons. However, understanding the differences between the two is vital to making the right call for your case. 

If you want to learn the difference between mediation and litigation, we’re here to help.

In this blog, we’ll explore which option is better depending on your case: litigation vs. mediation. We’ll also discuss the important factors you must consider when choosing the best approach for your needs. 

Litigation vs. Mediation: The Difference

Before diving into their advantages and disadvantages, you must understand the difference between mediation and litigation. 

Litigation refers to the act of settling a dispute in a court of law. In litigation, both parties present their case in court for a judgment. 

Most of the time, personal injury cases only proceed to litigation if both parties can’t reach an agreement during negotiations. For example, if the plaintiff and the defendant can’t settle the case between themselves, both can file a civil lawsuit against one another. 

On the other hand, mediation is a type of Alternative Dispute Resolution (ADR) that involves an impartial third party or a mediator. The mediator will help both parties look for a solution they can all agree on. 

Do you lose your right to pursue litigation if you choose to mediate? Not entirely. If your mediation with the defendant fails, you can file a lawsuit against them.

Mediation vs. Litigation: Which is Better?

Determining which resolution is better for your needs largely depends on the nature of your case. Each option has its own pros and cons.

Litigation Advantages & Disadvantages

One of the advantages of pursuing litigation is that it can produce the strongest outcome for your case. The results of a civil lawsuit are legally binding. It can’t be modified or changed later on, giving victims a great deal of security. 

Aside from this, litigation also gives you the chance to hold the defendant publicly accountable for their actions. Plaintiffs can claim punitive damages in their lawsuit, which will prevent the defendant from making the same mistakes again. 

If you want to ensure justice and fair compensation for your injuries, litigation might be your best choice. However, know that litigation can be lengthy and costly. Once you file a lawsuit against the other party, you must hire a lawyer to represent you in court. 

Furthermore, court trials could stretch out for months or even years. Should you proceed with litigation, you must be prepared to face a long and hard process to get the justice and compensation you deserve. 

Mediation Advantages & Disadvantages

There’s a reason mediation is a popular resolution for personal injury disputes. For one, it’s much faster and cost-effective compared to litigation. 

There have been instances where personal injury cases are resolved within a half-day or full-day of mediation. Because of this, the approach is much cheaper than filing a lawsuit and going to a lengthy trial. 

Secondly, it gives victims more control over the outcome of your case. The main purpose of mediation is to ensure that both parties involved in the dispute reach an agreeable solution. It’s a structured process that empowers both the plaintiff and the defendant.

But, just like litigation, mediation has its disadvantages, too. For example, there’s no guarantee what outcome or settlement amount you’ll get. Securing fair compensation will be difficult since the at-fault party still has a say in resolving your case.

Four Factors You Must Consider When Choosing A Resolution Process

In personal injury cases, there are four important factors to consider when choosing between litigation and mediation:

Goals

To start your decision-making process, think about your goals. Knowing what you want from the resolution process is an excellent way to know which of the two options will help you achieve it.

For instance, mediation is your best choice if you want to be compensated for your injuries quickly. However, if you want to prevent the other party from injuring another person again, you’re better off pursuing litigation. 

Challenges

Your resolution process should help you overcome the challenges preventing you from settling with the defendant. 

For example, mediation is highly recommended for cases wherein both parties have trouble communicating. If both parties have different opinions on who should be at fault for the incident, you’ll need the help of a judge to establish liability. 

Control

How much control do you want to have over the outcome of your case? Consensual processes, like mediation and negotiation, allow you to actively participate in solving the dispute. Meanwhile, adjudicative processes, like litigation, don’t. 

Cost

Lastly, consider the amount of resources you’re willing to spend on your case. Mediation is for you if you want to resolve the case as inexpensively and quickly as possible. 

However, if you don’t mind spending more time and money to guarantee the best possible outcome, you can always take your case to court. 

Choose The Resolution Process Today

Ultimately, in personal injury cases, the choice between mediation and litigation requires careful consideration. Both options allow you to pursue justice and compensation for your injuries. The key to making the right choice for your needs and goals lies in knowing the difference between the two. 

Whether you want to pursue litigation or mediation in California, Adamson Ahdoot is here to help. 

Adamson Ahdoot is a civil litigation firm in California. With over 100 years of combined legal experience, you can trust that the best lawyers will take care of your case with the intimacy of a boutique firm and the expertise of a larger one.

Our compassionate attorneys will provide you with all the support and guidance you need during this difficult time. We’ll help you determine the best way to resolve your personal injury dispute. 

Adamson Ahdoot aims to increase your chances of getting justice and compensation. With our help, you can focus on healing while we fight for your rights. 

Call us at (800) 310-1606 and get compensated for pain and suffering damages today.