Mediation Works Well With Solicitors
Let’s admit it! Solicitor’s job is not a piece of cake. But advanced mediation makes their lives easier and less daunting. How does it work? It simply happens outside litigation and involves at least two parties to resolve a dispute before a person considers a court trial.
Common disputes are a contractor who refuses to finish his job and a partner who doesn’t know how to wind up a business.
When clients with a similar issue call, most solicitors refer them to a litigator. But advanced mediation is a better solution. The results are fast and reasonable. It preserves relationship. It gets rid of countless dollars on court fees and other expenses. It gives both parties the chance to come up with a resolution in a less stressful setting. Contractors or workers can run the business as if nothing happens. Click here to see our fees!
But what is an advanced mediation? How can parties evaluate the strength of their claims without the help of the litigation? Good questions, and you have come to the right place!
Did you know that lawyers encounter a hard time picturing mediation outside litigation? Yes, you heard it right. It’s also true that litigation provides invaluable tools, from documentary disclosure to examinations.
The advanced mediation, on the contrary, can be personalized to match the dispute. Depending on the situation, parties have the choice to attend with their legal counsel or obtain an assessment of their claim before mediation. What else? They can also disclose documents. Click here to check our FAQ
In other circumstances, the presence of a legal specialist can complicate the situation. Usually, parties are aware of what they want and what they can forgo. While a mediated settlement may not be the best option for a lawyer, the preservation of a good relationship and fewer fees make the solution worth-it.
Mediation agreements contain confidentiality provisions to protect settlements and communications. However, both parties could waive the right and share information with the public, depending on their agreement.
Experts say that the settlement privilege protects the discussions or documents exchanged throughout the process. Advanced mediation is no exception especially when a dispute is in contemplation.
All civil claims have a 2 or 15 year limitation period. However, advanced mediation suspends it right away. But is there a necessarily written agreement? No. It is not important. From the time of mediation agreement to the resolution, the limitation periods are typically put on hold.
Ontario’s Limitation Act of 2002 automatically applies to claims in court proceedings. But when parties submit an agreement, they can suspend the limitation period.
Advanced mediation can result in huge savings and fair resolution. However, it might not apply to every dispute. In extreme cases, litigation can play a significant role.
Despite that, mediation is a good way to resolve issues as quickly as possible. That’s not all! Parties can enjoy a more competitive rate than the court proceedings.
Furthermore, parties can come up with a practical solution to address business or personal issues in no time. Therefore, solicitors can also lessen the stress and pressure.