If the 2 sides in a personal injury dispute fail to negotiate an agreement, it may not be necessary to schedule a trial. Sometimes mediation can get used, in place of litigation.
What is mediation?
Mediation is an alternate method for resolving a legal dispute. It forces the 2 sides to consider the strong points in the other party’s argument. During negotiations, each party focuses on the strong point in its own argument and the weak points in the statements made by the opposing party.
Due to the push for understanding, mediation increases the chances that a settlement might be reached more readily. Of course, there is no guarantee that any one mediation session will prove capable of pushing the 2 sides to settle their dispute.
Why is mediation getting used more frequently now, as opposed to its limited use in the past?
Personal Injury Lawyer in Halifax like the idea that both sides can offer input during a mediation session. Both sides get to spend time talking to the mediator. The mediator does not offer any opinion. The mediator simply focuses on the strong points being made by the opposing party.
In the past, law schools did not devote much time to reviewing the approach used in mediation. Now students have the chance to take a whole course on how to mediate a dispute. More students are ready to act as mediators. In addition, more retired judges have agreed to serve as mediators.
Those within the legal system know that time is money. It makes no sense to force the utilization of a time-consuming procedure, when a timelier settlement can be achieved by using a mediator. That approach frees the various courtrooms for more important cases.
The effort to utilize mediation’s advantages does not mean an elimination of the court system. Litigation must still get used, if a mediator’s assistance fails to aid achievement of the desired settlement. Still, that approach gets viewed as the last resort.
Mediation appears to match better with the growing cooperation on the international level. Because justice should be a universal goal of all legal systems, mediation’s features fit well into the changing system. In contrast to that fact, the adversarial system seems less in-tune with changes in the world.
Honest businesses like to be fair to their customers. Yet businesses expect each customer to pay willingly for a product or service. At the same time that businesses have those competing interests, every business must obey the law. Business leaders strive to encourage teamwork in the workplace. For that reason, it makes sense to encourage those actions that match with the efforts of a fair and expertly-trained mediator.