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Litigation or Mediation


Should you hire an attorney or a mediator?  Take the following self-assessement of your situation to find out. 



1. I can't afford an attorney.


       Mediation is not free, but it is generally less expensive than both parties hiring an attorney and          

      going to court.  With mediation, the parties split the mediation fees 50/50.


2. The other party has mentioned mediation or they
    may be open to it.


      Unless ordered by a judge, mediation is voluntary, so both parties must agree to try mediation.  

      If one party wants to mediate and the other doesn't, the party that wants to mediate can ask the

      judge to order mediation.


3. I am or have corresponded with the other party,
    even if it is only through email or text messages.


      In order for mediation to be successful, it helps if the parties have been able to keep some form

      of communication going. Mediation requires both parties to communicate, through the mediator

      if necessary, in order to reach an agreement both parties are happy with.


4. I don't think my case is that complicated, but I
    haven't been able to resolve anything with the
    other party.


      There are no guarantees that mediation will resolve your legal issues, but it will provide both parties

      an opportunity to express their concerns and, if an agreement is reached, it will be a decision by both

      parties rather than a decision made for them by the court.


5. I don't want to go to court.


      With mediation, you don't have to.  If an agreement is reached by the parties in mediation, both

      parties sign the written agreement, which can then be reduced to a court order.

If you answered mostly "TRUE":                                       If you answered mostly "FALSE":

You may want to proceed with mediation.                                                     Consider litigation.  Ron Frauenshuh is also an attorney

                                                                                                                                licensed in South Dakota and Minnesota.



                                     to learn more about our mediation services.                                                 to visit our legal website.  




NOTICE: The above self-assessment is for informational purposes only and is not guaranteed to provide an accurate assessment of any specific set of circumstances.  


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