What Is the Difference Between A Deposition and Mediation?

The Purpose of Mediation and Depositions

When managing legal matters, you may hear of both mediation and depositions as a particularly advantageous way of handling your case. It’s essential to be aware that the two are not to be used interchangeably because each has different functions within the legal process and litigation in particular. When facing legal issues, you may find yourself enduring both deposition and mediation. While mediation and depositions are likely to be something you will be a part of, you may be unsure how to prepare. A lawyer will play a critical role in helping you to have the preparation needed to handle the process with ease.  

What is Mediation?

Mediation is a form of alternative dispute resolution that is a component of the process that occurs before a case goes to trial. The purpose is to endure negotiations that allow each party to reach and develop agreements without needing to face what might be a lengthy litigation process. Before filing a lawsuit, both parties may be required to come together in mediation to settle the case. To begin mediation, both parties agree upon a mediator who will meet with all parties at once. Much of the time, lawyers are present to represent the interests of their clients. During the process, lawyers might present evidence and outline the specifics regarding the case. A mediator will listen, ask clarifying questions, and describe key issues for all parties involved. At some point during the process, each party might retreat to separate rooms where the mediator will exchange information back and forth to each party to reach an agreement that both parties can agree upon. In some cases, this may occur through several sessions before an agreement is reached. 

The Benefits of Mediation

The court process can be highly litigious. Mediation provides each party with the ability to discuss their story, which can sometimes help gain a deeper understanding of the issues. Much of the time, those who resolve through mediation experience greater satisfaction than if they were to endure the court process. Benefits of mediation include: 

• Lower cost 
• Faster Process
• Less Formal Than Legal Proceedings
• More Private
• Positive Outcomes

With the assistance of a mediator and attorneys, parties can be heard and negotiate outcomes together. In some cases, mediations give those involved the opportunity to experience greater satisfaction, which is why many prefer to attempt mediation before moving towards litigation.

What is a Deposition?

A deposition is a component of the discovery process before a case going to court. A deposition allows for the testimony of witnesses that can let each side to ask questions and present facts that pertain to the case. Typically a deposition occurs in an office space that is mutually agreed upon by all parties involved. Depositions become part of the official court record and are recorded by a court reporter. 

The Benefits of Depositions

Depositions allow for information from each side to be gathered that can better inform legal strategy. In some cases, testimony provides witness information that might shed light on the opposing side and offer insight into how best to move forward. In some cases, information obtained through deposition can allow for an early settlement before litigation. A deposition can also provide your lawyer with the ability to assess your testimony and how it might help or hinder your case and how it might be perceived to the judge and jury in the courtroom. 

Contacting a Lawyer

Managing the process of mediation and depositions are just the initial phases of the litigation process. While each serves a specific purpose, be aware that, in some cases, if done correctly, they can both assist in reaching a favorable resolution. When enduring legal action headed for the courtroom, it’s essential to enlist an experienced attorney for guidance and preparation. To learn more about what is the difference between a deposition and mediation? contact the Saavedra Law Firm, PLC today.