Mediate or Litigate?

There are many benefits to mediation. By entering into mediation, the parties focus on reaching the best available solution through a deliberative process from the outset. Since mediation is confidential, voluntary and flexible, information can be exchanged without the strict formality (and expense) of litigation.

The adversarial system used by American courts is inherently antagonistic and usually treats conflict as a zero-sum contest. Standardized court rules and procedures takes the process out of the litigants’ control and puts it into the hands of a judge who has limited flexibility.

Paradoxically, after substantial time and expense, a majority of litigated cases are settled through negotiation. DiCaprio ADR believes the best interests of its clients are better served by focusing time and resources on resolving conflict from the start rather than gearing up for battle.