Mediation is available in most non-criminal matters.
However, some non-violent criminal cases, like those involving verbal
harassment, often result in a successful resolution during mediation. Claims
that do not involve a legal issue are also good candidates for mediation. For
example, a dispute with a neighbour over an encroaching bush or the brightness
of their outdoor lights is hardly the type of claim that merits a lawsuit. In
this type of situation, it may be wise to seek mediation to end the conflict.
Mediation cases often involve conflict arising in divorce
and child custody issues and in disputes between family members, neighbours,
business partners, landlords and tenants, and labour unions and management.
Advantages of
Mediation
In some situations, mediation may be preferable to filing a
lawsuit. Mediation provides the following advantages:
Confidentiality. There
are a few exceptions, but what the parties say during mediation is confidential
and not subject to the future use in a lawsuit. Court cases, on the other hand,
are matters of public record.
Costs less than a
lawsuit. Mediation cases cost substantially less than court costs and
attorney fees.
Faster resolution
than going to court. Lawsuits may take years to result in a court
ruling, but mediation can take as little as a few hours or a few sessions.
The parties decide. The
parties in mediation, not a judge or jury, decide on the resolution.
The parties
communicate directly. Rather than communicating through lawyers, the
parties speak directly to each other.
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