Q:  Why Mediate?

Litigation in our Courts involve high costs, lengthy delays, and risks in taking a case through to Trial, where a Judge will decide on one winner and one loser. 

Legal fees and disbursements through to the conclusion of a Trial can involve spending $50,000.00, $100,000.00, $150,000.00, or much more.

You can wait two or three years to get a Trial date.

And, there are no guarantees that you will win at Trial.  Indeed, if you lose, you will have spent all of your legal fees without hope of recovering them, and face responsibility for paying costs to your adversary.  (Of course, appealing a Trial decision is always possible, but a further loss there only compounds the issue of lost costs and exposure to costs of the winning party.)

There are sound reasons to seek resolution through mediation – it is confidential, you have control, and you get certainty.  Because it is confidential, even if the parties cannot reach a settlement, nothing presented or said at the mediation impacts to their prejudice in the litigation, if it must proceed.  Because the parties control the mediation, they avoid the restriction of Court rules, and are free to improvise and fashion their own resolution.  And, because the parties decide how they will compromise to get a settlement, they get certainty – no waiting for years for a Judge to make a decision which may go against them.

In addition to the costs and lengthy time involved in litigation, most people have little or no idea about the emotional and mental stress of it.  For many people in litigation, the process before the Courts is an emotional rollercoaster, and the worry caused by the financial expenditures and delays in getting to a resolution at Trial impacts negatively on their quality of life.

Q:  Do I need a lawyer to mediate? – No, you do not.  You and the person or organization you have a dispute with, do not need lawyers to mediate. 

However, we recommend that, if you have not already done so, you get some legal advice first, before mediation, so that you understand what your legal rights are.  It is helpful to both participants and the mediation process if parties have a basic understanding of the law (including any important legal time deadlines) which applies to their dispute.

Q:  Do I need to start a lawsuit to mediate? – Absolutely not.  One of the primary purposes of mediating is the avoidance of litigation costs.  Once a dispute arises, you can go directly to mediation, without ever involving the Courts. 

Q:  What if I have already started a lawsuit, can I still mediate? – Yes.  You can do so either by agreement with the other party (or parties) to the dispute, or, in some cases, by issuing a Notice to Mediate (under the British Columbia Supreme Court Rules).