MEDIATE, DON'T LITIGATE: Lay Person's Guide to the Mediation Process on CanLaw Suing never pays. "Before you seek revenge, first dig two graves"
Chinese proverb |
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MEDIATE, DON'T LITIGATE:- Suing never pays. It's very easy to start a lawsuit over some real or imagined wrong.
- A customer doesn't pay
- Your greedy wife is demanding more and more
in your very own divorce from hell
- The car you bought is a lemon.
Right or wrong, suing will cost you many times more than you can ever hope to recover in time, money and aggravation.
- The average lawsuit in Canada costs about $40,000:
You can hire a lawyer and start a lawsuit. It will cost you thousands or tens of thousands of dollars, take years to get to trial and then in all probability you and the other party will settle on the court house steps. About 90% of all law suits are settled before trial. Part of the reason is that after all that time, both parties are fed up, but probably no longer angry or emotional and just want the whole mess to go away.
- The average lawsuit in Canada takes about 3 years:
Law suits currently take about three years to get to trial. Small Claims Court law suits will take at least six months to a year to get a trial . Then there is the possibility of appeals and you still have to collect if you win. Collecting a judgement can take many more years, but if the creditor is determined not to pay, you will never see a cent. Is this a smart way to spend your time and money? -
- Lawsuits are for losers:
Even if you are completely right, you can't count on winning in court. Judges can be capricious, arbitrary and moody. The lawyers on the other side can motion you to death and run up costs. Witnesses disappear or change their mind. Half of all the lawyers in all the lawsuits lose. Is the risk worth the price?
- Even when you win, you still can lose:
OK, you go through the years of litigation, pay thousands of dollars in costs, you finally get to trial and miracle of miracles, the judge says you win and awards you everything you asked for and substantial costs. Great! Now try and collect. The courts will not help you. Your lawyer can't do much. If the other party is determined not to pay, you will never see a nickel. - Is all this nonsense worth it?
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- Be smart! Swallow your pride, mediate:
Instead of paying thousands of wasted dollars to sue someone, pocket the money that you will save by mediating or buy yourself a new car or take the vacation of a lifetime.
- Want to avoid all this and resolve your problem intelligently and efficiently?
The answer is simple. If you have a problem which is heading towards a lawsuit, consider mediation.
- How does it work?
Mediators will contact both parties or their representatives and present the case for mediation. Since they are neutral and uninvolved, usually both sides will agree to talk with them. Mediators will attempt to convince the parties to calm down and without obligation, agree to mediate as an alternative to litigation. This does not mean that the parties must surrender their right to sue. If mediation fails in the end, either party could still proceed to court, but that is usually a very foolish move.
- Use our CanLaw directories to find mediators. CanLaw has compiled a national database of over 2000 expert, experienced, professional mediators.
- Once both parties have agreed to try mediation
Both parties must agree on the choice of mediator. Normally you should present the other party with a list of three suitable mediators from which to choose. - MEDIATION IS NOT BINDING ON EITHER PARTY.
A mediator cannot and will not impose a binding settlement on you against your will. Mediation is designed to reach a voluntary settlement through discussion and negotiation. You have nothing to lose and a great deal to gain if facing a lawsuit. Disclosures in mediation will not reach the court if the matter goes to trial unless the parties agree. -
Even if you do not fully resolve a dispute through mediation, you will at least settle some of the issues and probably get to the core of the dispute to be settled if the matter has to go to court. However, mediation usually finds a way to finally resolve the dispute to the satisfaction of all concerned. It is efficient and will save you a great deal of time and money.
- Mediation is Legally Confidential and Privileged
What is done and said in the mediation process cannot be used against you in subsequent court hearings.
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CAVEAT: Be certain you check for  Statutory Limitation Periods on filing legal papers or actions and comply with them before you set up a mediation schedule. The only person who can advise on limitation periods for any action you may be contemplating is your lawyer. If you miss filing an action within the required time limits, you will lose all rights to sue. CanLaw is not offering legal advice.
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| When you need a Mediator, Arbitrator or ADR Expert anywhere in Canada, ask CanLaw.
CanLaw's on-line and downloadable directories are up-dated on a daily basis to assure you
of the most accurate and up-to-date listings available anywhere in Canada. |
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