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Disputes that require mediation generally fall into three categories based on where they originate and how they are being handled.
Litigated
Litigated disputes are cases that have already entered the court system — meaning a lawsuit has been filed and the matter is now before a judge. Mediation at this stage offers the parties an opportunity to reach a mutually agreeable resolution before the case proceeds further through the courts, saving time, money, and the uncertainty of a judge or jury deciding the outcome.
Non-Litigated
Non-litigated disputes involve conflicts that are real and unresolved but have not yet become lawsuits. These parties have chosen — or been advised — to attempt resolution before escalating to formal legal proceedings. Mediation at this stage is often faster, less costly, and less adversarial than litigation.
Workplace Disputes
Workplace disputes are a distinct category because they originate inside an organization rather than through the legal system. These conflicts — between colleagues, between employees and management, or between executives — may never become lawsuits, but left unresolved they quietly erode trust, productivity, and culture. Mediation in the workplace addresses conflict at the source before it becomes something larger and harder to contain.