Some Canadian jurisdictions require that “parties must consider private prevention and resolution processes before referring their dispute to the courts”. The alternatives also known as ADR and mediation is one them. It offers you a reliable alternative to the court system hassle and, ultimately, it can save you time and money. Here is why.
The courts are now clogged and sometimes delays can take years. Mediation is generally much faster and can be completed within a few weeks, or at the most, a few months. In addition, fees are less and can be split between the parties. Only one mediator can be required, instead of a lawyer for each side. Moreover, the mediator is often an expert in the field of the litigation at stake. Having this expertise often leads to avoiding the added cost of an external expert for one side, or for both sides.
People in mediation engage in the decision-making process and search for a solution. The parties are the ones who come to an agreement, rather than having judgment imposed upon them. They propose creative solutions that are unique and specific to their problem. The mediator is a guide and moderator but in the end, the parties are the ones who reach a solution.
The main objective is not to decide in favour of one or the other party, but to find a common ground that satisfies both. The role of a mediator is to put forward common values and interests. A mediator enables parties to find a decent dialogue or even restore previously lost respect while proposing a mutually beneficial solution for all parties.
Unlike the courts, everything that happens in mediation remains confidential. No one can attend a mediation session without an invitation, and the issues at hand in the mediation remain unknown to the general public. In this way, no one can intrude into your private life.
Fulfilling the requirements of the court is not always obvious. Court schedules and deadlines are imposed upon the parties. Typically, prior to commencing mediation, schedules are planned according to the availability of each party and timelines are agreed upon, approved in advance, and even suggested, by the two parties. This flexibility facilitates exchanges and agreements. It is even easier with BidSettle.com, where it is possible to make monetary offers and counter-offers from anywhere, as long as there is an internet connection. There is an ongoing channel of communication on BidSettle.com, available at all times.
By allowing the parties to take the lead role as interveners, mediation makes it possible to anticipate potential future problems and to find solutions even before new problems arise. Unlike the courts, the flexibility of agreements resulting from mediation helps the parties to adapt to the changes that will inevitably occur in the future.
For all the reasons mentioned above, research shows that the satisfaction rate of the parties after mediation is significantly higher than after a Court judgment.
Finally, mediation can be used in parallel with technological tools such as online negotiation, commonly referred to as online dispute resolution (ODR). This allows you to keep an open channel of discussion with the other party, 24 hours a day, seven days a week. The other party’s attitude may change over time so these tools can help you settle when this happens. ODR is often very cheap, sometimes free, to try out. It also takes emotions out of the equation, which in some cases can be helpful. These tools could allow you to settle your dispute before even heading into the mediation, or after it has begun. Therefore, you can optimize your chances of finding an agreement.