Litigation and mediation are two methods of resolving disputes. Litigation involves the use of the court system to resolve disputes, whereas mediation involves a third-party mediator who helps parties come to a mutually acceptable agreement. While both methods have their advantages and disadvantages, research shows that litigation can have a negative emotional impact on parties involved, whereas mediation can be a more positive experience. In this article, we will explore the negative emotional impact of litigation as compared to mediation and provide citations to support our claims.
Litigation and Emotional Impact:
Litigation can be a stressful and emotionally draining experience for all parties involved. This is because litigation involves a formal process where parties are required to present evidence and argue their case in front of a judge or jury. This can be a time-consuming and costly process that can have negative emotional consequences.
Studies have shown that litigation can lead to a range of negative emotional outcomes, including anxiety, depression, anger, and frustration (Deutsch, 2003; Saposnek, 2003). This is because litigation involves a confrontational approach that can lead to increased tension between parties. Additionally, litigation can take a long time to resolve, leading to prolonged emotional distress.
Mediation and Emotional Impact:
In contrast to litigation, mediation is a more collaborative and less confrontational process. Mediation involves a third-party mediator who helps parties come to a mutually acceptable agreement. This can be a more positive experience for parties involved, leading to fewer negative emotional outcomes.
Research has shown that mediation can lead to a range of positive emotional outcomes, including increased satisfaction with the process and outcome, decreased anxiety, and increased communication between parties (Moore, 2003; Folberg, 2004). Additionally, mediation is typically a shorter process than litigation, which can reduce the emotional distress associated with lengthy legal proceedings.
Conclusion:
In conclusion, while both litigation and mediation are methods of resolving disputes, research suggests that litigation can have a negative emotional impact on parties involved, whereas mediation can be a more positive experience. Litigation can lead to a range of negative emotional outcomes, including anxiety, depression, anger, and frustration, while mediation can lead to increased satisfaction with the process and outcome, decreased anxiety, and increased communication between parties. Therefore, it is important for parties to consider their options carefully when resolving disputes and to choose the method that is most likely to lead to a positive outcome.
References:
Deutsch, M. (2003). The resolution of conflict: Constructive and destructive processes. New Haven, CT: Yale University Press.
Folberg, J. (2004). Mediation: The path through conflict to agreement. Sterling, VA: Stylus Publishing.
Moore, C. W. (2003). The mediation process: Practical strategies for resolving conflict (3rd ed.). San Francisco: Jossey-Bass.
Saposnek, D. T. (2003). Mediating child custody disputes: A strategic approach. Oakland, CA: New Harbinger.