Litigation

Email: A. McKay

Court Battles and Mediation:

Court battles and mediation are both processes which people use to resolve their difficulties with others, but each follows a different path.

A court battle involves the parties presenting their positions in a dispute, usually with the assistance of a lawyer, to a Court. Generally speaking, the Court consists of a single judge who, after hearing what each party presents by way of evidence, makes a decision. The decision is binding upon the parties, subject only to appeal to a higher Court. Court is a formal process and is generally very expense, stressful and where one party ends up a winner and the other a loser.

Mediation involves the parties discussing their opposing positions with each other, generally with the assistance of a lawyer, in the presence of a mediator. The mediator is an independent person who the parties agree will assist in resolving their dispute. The mediator attempts to discover through the discussions between the parties what they are able to agree upon and what is in dispute. The mediator then attempts to assist the parties to reach some consensus about what is in dispute in hopes the matter can be resolved. Mediation is an informal process, which allows the parties to craft a resolution to the dispute themselves, reducing the expense and stress and normally does not result in a winner and a loser.

When you have a dispute:

Disputes between individuals are a part of everyday life and involve all aspects of life.

Most disputes are relatively minor in nature and are resolved between the parties without the assistance of a lawyer. Some disputes will require the assistance of a lawyer. The lawyer’s job is to advise the party about their position in the dispute, which will hopefully allow the matter to be resolved between the parties.

Talking to a lawyer will allow the party to a dispute to obtain an outside opinion on the person’s position in the dispute. The lawyer will listen and consider the important facts about the dispute and then consider those facts in relation to the law. The lawyer will then express an opinion, based on the facts available, as to what the lawyer perceives will be the outcome of the dispute if the matter were to proceed to Court.

Sometimes, for any number of reasons, the parties are unable to resolve a dispute between themselves. In this situation the parties will look to the Court or to mediation to assist them in resolving their dispute. Sometimes the parties are able to handle this by themselves but in most instances the assistance of a lawyer is essential. A lawyer in this situation will play a more active role because of the lawyer’s knowledge of the Court system and the law. The lawyer will assist the party through the Court or mediation process in order that the party can resolve their difficulties.

It is best that a party to a dispute understand their legal position early in the dispute process, in order to allow for the best result in the circumstances and to minimize the expense related to legal services. A party to a dispute should not hesitate to contact a lawyer should they have any concerns about their position in the dispute and allow the lawyer to express an independent opinion about the conflict.