Many modern trials have become very complex and very costly. The risk of victory, of only partial success or of an outright loss must be carefully analyzed and managed.
Mediation – a completely voluntary exercise – provides an alternate milieu to the traditional trial where disputants can, with an experienced mediator as their guide, explore all possible avenues to resolving the conflict short of a trial. Such mediation – leading to a comprehensive resolution – will involve a significant component of good risk management.
Interest-based mediation endeavours to broaden the spectrum for the parties beyond the limited perspective of what their legal positions are or how their legal rights may be interpreted by a court of law. It is a flexible forum in which the respective concerns (both apparent and non-apparent), objectives and needs of each party are identified and canvassed so that each party has a better awareness of all of the contextual ingredients to the dispute. Any constructive effort to craft a mutually satisfactory solution flows from that collective awareness. Thus, all parties – not just their legal advisers – must fully participate.
Indeed mediation has become an essential tool in the dispute resolution toolbox for both parties and wise counsel to consider using!
“Types of Mediations conducted as of: July 15, 2015″,” “,
“Banker-Customer, Dr-Cr and Insolvency”,30
Contract or Quasi-contractual Disputes (not including construction),132
Defamation: Libel & Slander,9
Employment including Workplace Interventions,113
Estates/Fiduciary duty claims,16
Financial Advisors: Claims Against,42
General Negligence Claims,106
Insurance: claims against Insurers (other than LTD or SAB),26
Landlord-Tenant Disputes (Commercial),19
Long Term Disability Claims,74
Municipal: claims against or by municipalities,12
Personal Injury claims from Auto Accidents including SAB claims,143
Real Estate including condominium claims,24
Sexual Abuse or Sexual Interference Claims etc.,29