What is the primary difference between "litigation" and "mediation"?

The primary difference between litigation and mediation lies in their processes and formalities. Litigation refers to the legal process that occurs in a courtroom, where a judge or jury makes binding decisions on disputes. It is characterized by its structured procedures, adherence to strict rules of evidence, and the involvement of legal representation. Parties typically present their cases to the court, which then issues a ruling based on the law.

On the other hand, mediation is a less formal process that involves a neutral third-party mediator who facilitates discussions between the parties in order to help them reach a mutual agreement. Mediation does not involve a judge, and the outcome is not legally binding unless both parties agree to formalize it in a contract. This option allows for more flexibility and control for the parties involved, as they can negotiate terms that suit their needs rather than having a decision imposed upon them.

This distinction highlights that litigation typically requires adherence to court procedures and legal standards, making it a more rigid process, while mediation emphasizes collaboration and negotiation outside of the courtroom environment.