Making Sense of Mediation in Estate Litigation – Part 2
1) Control of the process;
2) The Opportunity to be heard; and
3) Privacy of the Process.
Mediation is a form of alternative dispute resolution whereby the parties meet outside of Court in a without prejudice setting to try to resolve the dispute. However, the benefits of using mediation in an attempt to resolve issues in Estate Litigation are not just limited to the benefits identified above. Some of the other benefits of mediation include:
Benefits of Mediation in Estate Litigation
4) Cost-Effectiveness– While the idea of paying two lawyers, and a mediator can be off- putting to some, the reality is that a one day mediation can resolve cases for which trials of much longer periods would be required. Because mediation does not have the formalities of Court, things can get done in a much more expedient fashion.
5) Greater Compliance – The only solutions that arise out mediation (as differentiated from arbitration) require the agreement of all parties. When parties agree to a solution, it is typically much easier to get them to comply than to force compliance with a court Order.
6) Certainty and timeliness – When a mediation resolves, everyone leaves the forum with an understanding of the result. If you are unable to resolve your matter and forced to go to trial, it can be several months before you receive the Judge’s verdict. This additional uncertainty and stress is avoided entirely with mediation.
Vancouver Estate Litigation Lawyers