Making Sense of Mediation in Vancouver Estate Litigation – Part 1
Estate Litigation is often filled with uncertainty and litigants must always carefully conduct risk-assessments before taking matters before a Judge. One way for litigants to maintain control over their dispute is to consider attending a mediation. 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.
Mediation can be beneficial for parties who are willing to make a compromise to settle their dispute. Mediation is also a useful tool for parties to sit down and carefully analyze the exact nature of their claim and determine which aspects are stronger and weaker. Some of the benefits of mediation include:
Benefits of Mediation
1) The Parties control the process– this means that both you and the opposing party can select a mediator whose style and knowledge base best fits your case. When you appear in Court there is no certainty what level of expertise the Judge may have in your respective field.
2) The Opportunity to be heard – Mediation provides a forum where litigants can express themselves and tell their story, without having to do so within the confines of being examined as a witness.
3) Privacy of the Process – Mediations are conducted in private and in the vast majority of cases, all parties sign confidentiality agreements. When your case is heard in open Court (and Courts in British Columbia with only a few notable exceptions are always open), it can feel uncomfortable having the details of your life announced to a room full of strangers.
In Part 2 of this Blog series, we will explore three further benefits of mediation.
Vancouver Estate Litigation Lawyers
At the Kushner Law Group, we work with our clients to resolve matters outside of the Court process whenever possible while still pursuing litigation when necessary. If you are involved in Vancouver Estate Litigation, contact the Kushner Law Group today to schedule a consultation.