Mediation vs. Trial for Civil Disputes

Read the full article here http://creaseharman.com/mediation-vs-trial-for-civil-disputes/

Understanding the difference is critical for managing both your costs and your risk.

The Fundamental Difference- The primary distinction lies in control.

• Trial: A judge (and essentially a stranger to your dispute) hears the evidence and imposes a binding decision. You lose control over the outcome the moment the trial begins.
• Mediation: The parties retain control. A neutral third party (the mediator) facilitates a negotiation, but they cannot force a decision. A resolution is reached only if both sides agree to the terms.

Cost and Efficiency Trials are inherently expensive. They require extensive preparation, including document discovery, witness preparation, and often weeks of court time. The procedural requirements of the BC Supreme Court are rigorous. Mediation, by contrast, can often be concluded in a single day or less. While you still need legal counsel to prepare and attend, the overall investment is significantly lower than a full trial.

Read the full article here http://creaseharman.com/mediation-vs-trial-for-civil-disputes/