Why choose mediation instead of litigation?
Mediation allows for a more reasonable timetable for resolving disputes, allowing the parties to return to their lives more quickly. Mediation is often the preferable option as the financial, time and emotional costs plus the risks of proceeding to a trial can be high. It is also less formal and is confidential, with no need to resolve the dispute in a public courtroom. With mediation, there are no winners or losers. The goal is to find a meaningful settlement for both parties.
Effective September 1, 2019
Alberta Courts Mandate Dispute Resolution before Trial
The Court of Queen’s Bench of Alberta has announced a pilot project beginning September 1, 2019 where alternative dispute resolution is mandated before setting a trial date. The pilot project has been established due to the length of time leading to a trial date, and to provide opportunities for dispute resolution without the necessity of a trial.
The people involved are also given the power to reach their own settlements within mediation. Once a trial begins, the decision is left in the hands of a trial judge and/or jury. With a trial, there is also the possibility of an appeal which could lead to even more increased costs and delay. With mediation, parties can make their own settlement and arrive at a compromise that is acceptable to all parties and one that is final and not subject to appeal within the court system.
Another benefit to the parties is that they have an opportunity to develop creative and different ways to reach settlement, which would not be available to them through the court system and a trial.
What should you look for in a mediator?
As an experienced litigation lawyer, Bruce has participated in a number of trials throughout his career. This experience benefits parties in a mediation as he is well suited to and experienced in facilitating and assisting the parties involved to resolve their dispute.
Bruce is also able to help the involved parties to assess the risks involved with going to trial because of his litigation experience.