Mediation, Litigation, and Dispute Resolution Part One: What is Mediation Law?
Mediation law is a form of alternative dispute resolution (ADR) that enables the parties involved in a lawsuit to meet with a neutral third-party to settle the case—also known as a mediator.
The mediator’s job is listen to the evidence, help the litigants come to appreciate each other’s viewpoint concerning the controversy, and empower the negotiation of a voluntary resolution to the case. Mediation law is meant to side-step the time and cost of further litigation by settling a lawsuit at the start of the process.
Mediation isn’t binding on the parties, unlike other methods of dispute resolution. In fact, thinking about a mediation in terms of whether the parties will be legally bound by the outcome suggests a fundamental misunderstanding of the nature of mediation. The mediator’s job is not to reach a decision. Rather, their job is to facilitate the two parties in reaching their own decision.
Why is Mediation a Logical Choice?
There is no assurance that mediation will result in a settlement agreement that determines the case. In many situations, mediation will leave the litigants no closer to reaching settlement than they were before the process began.
If mediation can end up as a waste of time for both sides, then why do so many litigants freely agree to attend and pay the related fees? The answer: When mediation is successful, it can save the litigants huge sums of money. Litigation can be very expensive. For example, taking a personal injury case to trial can quite easily cost $100,000 or more. In mediation, the two parties can pay a mediator a couple hundred dollars an hour, with a very legitimate chance that the case will be resolved by the end of the session.
How Can Law Contractor Help?
At Law Contractor, we take a fresh approach to litigation and dispute resolution. Whether you’re an individual, a small-business owner or the president of a large corporation, we will work hard to collaborate as a member of your team. Whatever your issues are, we’ll resolve them.
We enjoy solving problems creatively in a timely and cost-effective manner, whether it’s in the courtroom, the boardroom or over the phone. Our goal is to support you so that you can stay focused on your life or business. We offer legal representation and have trial experience at all levels of Court in the Province of Alberta, and we can provide legal assistance with any dispute resolution such as negotiation, mediation and arbitration.
Are you looking for sound legal advice for your organization, business or corporation? Contact KGPC LLP today.