Non-adversarial approach.

Adversarial approach.

Confidentiality

Confidentiality maintained.

Subject to public records.

Control

Parties with the assistance of the mediator.

Judge remains in control.

Cost

See fee chart.

Based upon attorney’s fees and court fees.

Decision

Parties make the decision.

Judge/Jury determines the outcome.

Process

Private and informal.

Public and formal.

Result

Win/Win result because parties compromise to create an agreement.

Win/Lose result because judge/jury determines guilt/innocence.