Why Choose a mediator Over Litigation?

Mediation is a form of dispute resolution in which a mediator helps two parties resolve their dispute out of court.

Litigation, on the other hand, is the process in which one party takes the other to court over a complaint or dispute to have a judge decide if the complaint has merit and what the solution should be.

A decision made by a judge is final and legal binding. This may be an ideal solution for parties who can’t work things out, but many times, commercial and civil mediation may be the better route to take.

A mediator lets the parties create a solution. 

A court can only decide who is at fault and how much money that is worth.

Mediation, however, is a form of negotiation. Mediation isn’t legally binding, nor does it try to find out who is at fault according to the law. This means that the two parties can work together to create a unique solution the law can’t provide. 

Mediation can salvage a sour relationship.

 An experienced mediator helps parties talk to each other and find out what the other one thinks and feels.

In litigation, parties usually only talk to each other through their lawyers or hear each other speak in court.

A mediator can thus be very helpful when the parties are “commercial relations” or neighbors, because the parties are more likely to want to resolve their differences and move on with their lives.

 Mediation is less expensive than litigation.

It costs money to retain a lawyer, file a complaint, prepare a case for trial, and then hold a trial.

Mediation, on the other hand, costs as much as paying the mediator.

If what you’re looking for is speed and cost effective solution, mediation is more cost-effective.

Thank you for reading me and feel free to share this note with your friends and on social networks.

Jean Louis Racine, Avocat, Médiateur commercial,

Auteur et Formateur accrédité par le Barreau du Québec et l'Ordre des CRHA, et dont les formations sont acceptées par l'Ordre des ingénieurs, l'Ordre des CPA et la Chambre des Notaires.


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