Why choose mediation over court?

Those who compare mediation to traditional court proceedings, litigation or arbitration discover mediation has many advantages; but the best reason to choose mediation over court proceedings is mediation is private.

The Benefits of Privacy

The benefits generated by the privacy factor of mediation continue to be revealed, but listed below are imperative to achieving a desirable, mutually beneficial and lasting outcome.

Confidentiality Engenders Honesty

When parties are certain their words won’t be disclosed publicly or used against them in court, they are more likely to speak openly and honestly.

The privacy in mediation inspires the candor needed to reach a lasting resolution.

Trade Secrets Remain Secret

Unlike court, which produces a public record that can be used against you in the future, all aspects of the mediation process remain confidential. In business disputes, mediation ensures your business or trade secrets remain secret, or in divorce cases, mediation ensures the details about your private life remain private!

Court is Public

Consider the fact that every word spoken in court is transcribed by a courtroom stenographer. Those transcriptions are official records and become available to the public for future reference in perpetuity.

So, anyone researching your past may review that public record and interpret what they discover however they choose. Attorneys and law firms routinely use public records to find embarrassing leverage or to establish a pattern against people they intend to sue. That is all the motivation anyone should need to avoid traditional court proceedings and only consider mediation to resolve a dispute.

Privacy Protects Reputations

Mediation produces no court transcript, press coverage or searchable record. Especially in business, employment, or family disputes, keeping sensitive information out of public records helps avoid reputational damage that may otherwise prevent jobs, relationships or new client acquisitions.

Feature	Mediation	Arbitration	Litigation
Confidential by default?	✅ Yes (usually by agreement or statute)	⚠️ Sometimes (depends on rules/contract)	❌ No (court records are typically public)
Public access to process?	❌ No	⚠️ Often private, but varies	✅ Yes (public courtrooms, filings)
Public decision/outcome?	❌ No	⚠️ Possibly (especially in appeals)	✅ Yes (rulings are public)
Testimony/disclosures protected?	✅ Yes, not admissible in court	⚠️ Depends on arbitration agreement	❌ No, testimony is part of public record
Reputational risk	🔽 Low	🔼 Medium	🔼 High
Flexibility in privacy terms	✅ Very flexible	⚠️ Some flexibility	❌ Limited
Governing law for privacy	🛡️ Mediation laws, agreements	🛡️ Contractual arbitration rules	📜 Public procedure & evidence laws

Mediation Avoids Setting Precedents

Unlike court rulings, mediated agreements do not set legal precedent. This can be beneficial if parties want a resolution that doesn't influence future cases.

The Definition of Mediation

Mediation is a compelling alternative to court in which the parties in dispute retain the power of decision making, negotiate and mutually agree on a resolution in a private setting. Because mediation can be less expensive and takes less time than traditional court proceedings, it has become popular for all types of cases from civil and business disputes to divorce and family law as well.

Mediation is the most intelligent and reliable pathway to attain a desirable result available to people today. Instead of risking the outcome on an attorney and a judge, in mediation, you maintain control throughout each step of the resolution process. For these reasons, mediation increases the odds for an outcome that best suits you exponentially.

How Mediation Works

First, you will need an attorney to assist and advise you throughout the mediation process. Then, a mediator is mutually selected and approved by the attorneys of both parties.

Unlike court where you must constantly face the other party when testifying against them and again when they testify against you, in mediation each party is kept in a separate room. In fact, upon arrival to mediation, you and your attorney will be ushered into a private room where you will remain until the process is complete at which point you will be escorted from the building never having to see the opposing party.

The mediator will spend time with each party independently, and then go back and forth negotiating and calibrating the terms of a resolution in which both parties ultimately agree.

The Mediator

The independent attorney called a mediator, will enter the room assigned to you and your attorney to explain the rules. Next, the mediator will hear your opening statement which will include your grievances as well as the terms you seek in order to reach a resolution. After your opening statement the mediator will go to the room where the other side is waiting to give their opening statement and begin the negotiations.

Negotiations

The mediator will go back and forth between the parties negotiating each of the terms needed to arrive at a mutually equitable resolution. Depending upon the circumstances and the willingness of the parties to give and take, this process may take minutes, hours or even days.

The Conclusion of Mediation

The conclusion of mediation occurs when negotiated terms have been reached and both parties sign the resolution. The resolution is then filed and becomes permanent and binding, just as a court case would.

The Mediation Process

Here is a licensed mediation attorney in Forsyth County, Georgia discussing the benefits of mediation.

If Mediation Fails

Mediation fails when the parties in dispute cannot reach resolution on part or all of the terms being negotiated. When mediation fails the parties in dispute may reattempt mediation or they must take their chances in court and a judge will render verdict.

Growing Demand for Mediation

As demand grows for litigation alternatives, Mediation is Private has experienced increased traffic from individuals, law firm representatives and attorneys. Your feedback is appreciated.

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Local Mediation Experts

Mediation is Private receives frequent requests for assistance locating mediators. Please try these tips on locating a local mediation expert.

Using a smart phone, search: “mediation near me” or “mediators near me”.

Using a wifi connection or wired device, search the county in which the mediation is desired and mediation: “Fulton county mediation”.

If these searches fail to generate satisfactory results, Mediation is Private will connect you with local mediation experts. You may contact us here: I Need Mediation Near Me.

If you are a mediation provider, or would like to become a mediator, please send us your information here: How to become a mediator.

Learn more about the benefits of mediation at these fine law firms: