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Mediation or Litigation - which would you choose and why?


As a non legal family and civil mediator, I am often surprised that folks choose to only consider litigation for family and civil matters. Mediation can provide a framework to come up with an agreement which becomes a legally binding document upon due process, including independent legal advice.

 

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Best Answer Bruce (brblog) says

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4 years ago
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Deacon Martin (vrdm) says

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4 years ago
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    Lizam1 4 years ago

    Yes, the system has created a monster that constantly requires feeding $'s. Sadly, when clients here in BC go to a lawyer they are advised about other options but, in many cases the way the advice is given does not promote this action be followed.

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My Esoteric says

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4 years ago
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    Lizam1 4 years ago

    A mediator must always be an independent neutral third party. Mediation is a voluntary process and parties always have the option to choose litigation instead. Mediated agreements that follow due process can become legally binding agreements.

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Eric Dierker (Ericdierker) says

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4 years ago
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alexsaez1983 says

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4 years ago
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Borsia says

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    My Esoteric 4 years ago

    I didn't think a mediator/arbitrator has the power to find guilt or innocence do they? Doesn't that have be done under the normal rules of evidence which mediation, to some extent, ignores?


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RealityTalk says

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4 years ago
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    Lizam1 4 years ago

    Sadly, as you say, many lawyers will try to interfere in a mediated agreement or guide the parties to litigation. The lawyers I am fortunate to work with recognize that families and in certain civil cases the mediation process is better for all and


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Habib ur Rehman (habeeb rehman) says

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4 years ago
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    My Esoteric 4 years ago

    I agree, but sooo much depends on the quality and lack of bias of the mediator.