Choosing between negotiation, mediation, arbitration, and court isn't just about cost. It depends on your priorities, your relationship with the other party, and how likely you are to resolve the problem with the other party.
Decision Factors
Consider these questions when choosing your path:
Do you need to preserve the relationship?
If you'll continue working with this person or business, mediation or negotiation protects the relationship better than adversarial processes.
Lean toward: Negotiation or Mediation
How important is confidentiality?
Court proceedings are public record. If you need to keep the dispute private, mediation or arbitration offers confidentiality.
Lean toward: Mediation or Arbitration
What's your budget for resolution?
Litigation is the most expensive option. If cost is a significant factor, mediation usually costs a fraction of court proceedings.
Lean toward: Negotiation or Mediation
How quickly do you need an outcome?
Court cases can take months or years. Mediation usually resolves in one or two days. Arbitration falls in between.
Lean toward: Mediation for speed
Is the other party willing to participate?
Mediation requires both parties to engage. If they refuse, litigation may be necessary. However, refusing mediation can affect cost awards in court.
If they refuse: Litigation may be needed
Scenario Examples
"My supplier hasn't delivered on a $150K contract and won't respond..."
Recommended path: Try mediation first, with litigation as backup. A letter from us often brings them to the table. If mediation fails, you've narrowed the issues for court.
"My neighbour's fence encroaches on my property..."
Recommended path: Mediation strongly recommended. You'll be living next to this person for years. A court win can poison the relationship permanently.
"A trustee has mismanaged family assets and refuses accountability..."
Recommended path: May require litigation, especially if there's been breach of fiduciary duty. However, family mediation first can sometimes resolve the underlying relationship issues.
What If They Won't Participate?
Sometimes the other party refuses to engage. This doesn't mean you are stuck:
- Courts can enforce mediation clauses in contracts
- Refusal to mediate can affect cost awards if the matter goes to court
- A letter from a lawyer often changes their calculation
- We can help bring them to the table by explaining the benefits
What Carlile Dowling Does at This Stage
We help you weigh these factors against your specific circumstances. Our recommendation is always based on what's most likely to achieve YOUR goals, not what generates the most legal fees.
Ready to discuss which path is right for you?
Get Our Recommendation