Are you facing a legal dispute and unsure whether to engage a lawyer or a mediator ? This is an important decision that impacts the costs, the duration of the process, and the likelihood of a satisfactory resolution.
Whether it's a divorce, an employment dispute, or a business dispute, the right approach can save you a lot of stress and money. In this article, we explain when it's best to consult a lawyer and when mediation is the best solution.
What is the difference between a lawyer and a mediator?
The role of a lawyer
A lawyer represents your interests and takes a legal position. This means that a lawyer:
- Defending your interests in a legal dispute.
- Litigate in court , if necessary.
- Negotiates with the other party on your behalf.
- Provides legal advice on legislation and regulations.
A lawyer is needed if your conflict cannot be resolved through consultation and a judge must make a binding decision.
The role of a mediator
A mediator is an independent facilitator who helps both parties reach a solution together. A mediator:
- Does not take a position , but guides the conversation.
- Stimulates communication between the parties.
- Helps in finding a joint solution , without judicial intervention.
- Is faster and cheaper than legal proceedings.
Mediation works well when both parties are willing to find a solution together.
When do you choose a lawyer?
A lawyer is the best choice if:
- The conflict has escalated too far and consultation is no longer possible.
- This is a complex legal issue.
- You are dealing with a conflict where the other party is not willing to compromise.
- A court ruling is needed to resolve the conflict.
Examples of situations where you need a lawyer:
✔ An employer who wants to dismiss you unfairly.
✔ A divorce in which you and your ex-partner cannot reach an agreement.
✔ A company that fails to meet its contractual obligations.
✔ A neighborhood dispute that requires legal action.
When do you choose a mediator?
Mediation is a better option if:
- You and the other party are willing to talk together.
- The conflict can be resolved without a lawsuit.
- You want to reach a solution faster and cheaper.
- The relationship with the other party is important (for example in the case of a divorce or an employment dispute).
Examples of situations in which mediation is suitable:
✔ A divorce in which both partners want to make agreements in good consultation.
✔ An employment conflict between employee and employer.
✔ A business discussion where both parties want to maintain the cooperation.
✔ A neighborhood dispute where the relationship must remain good.
Please note: Mediation is only useful if both parties voluntarily want to participate.
Cost: What is cheaper?
Mediation is usually cheaper than legal proceedings with a lawyer.
- Mediation : You share the costs with the other party. The total cost ranges from €150 to €250 per hour.
- Lawyer : You usually pay an hourly rate of €175 to €300 or more. Litigation entails additional costs.
In some cases you may be able to receive subsidized legal aid , depending on your income and assets.
Combination of lawyer and mediator
Sometimes it's possible to try mediation first and, if that doesn't work, hire a lawyer. This is often done in divorces and employment disputes.
A lawyer can also advise you on mediation and check whether a settlement is legally sound.
How do you choose the right professional?
- Consider the other party's willingness : Is there room for negotiation? Then choose mediation. Is negotiation impossible? Then a lawyer is better.
- Determine the complexity of your case : Simple conflicts can often be resolved through mediation, while complex legal issues require a lawyer.
- Compare costs : Mediation is often cheaper and faster.
- Think long-term : If you're still in contact with the other party after the conflict, mediation is often the best option.
Conclusion
- Choose a lawyer if the conflict has escalated too far or if a court ruling is required.
- Choose a mediator if you want to resolve the conflict amicably and save costs.
- Consider a combination : First try mediation and, if that doesn't work, hire a lawyer.
Need advice about your specific situation? Contact Rechtswinkel.nl for free legal advice!
