Mediation and small claims court are both ways to resolve disputes, but there are some key differences between the two.
Mediation is an informal process in which a neutral third party helps the parties to reach a mutually agreeable resolution. The mediator does not have the authority to make decisions for the parties, but they can help the parties to communicate more effectively and to understand each other’s perspectives.
Small claims court is a formal court proceeding in which a judge decides who is liable for the dispute and how much money should be awarded, if any. Both parties can represent themselves in small claims court, and the rules of procedure are less formal than in regular civil court.
Which is better for me?
The best way to resolve a dispute depends on the specific facts of the case and the preferences of the parties. If the parties are willing to work together to reach a mutually agreeable resolution, mediation may be a good option. If the parties are unable to reach an agreement, or if one of the parties is not willing to mediate, small claims court may be a good option.
Here are some things to consider when deciding which option is best for you:
- The complexity of your case. If your case is complex, you may want to consider small claims court so that you have the opportunity to present your case to a judge.
- The amount of money at stake. If you are suing for a large amount of money, you may want to consider small claims court so that you can recover the full amount of your damages.
- Your relationship with the other party. If you have a good relationship with the other party and you are both willing to work together to reach a resolution, mediation may be a good option.
- Your comfort level with representing yourself. If you are not comfortable representing yourself in court, you may want to consider small claims court so that you have the opportunity to hire a lawyer.
If you are unsure which option is best for you, you should consult with an attorney.
This article is for general informational purposes only and is not legal advice. Contact us today to discuss your specific situation.