Mediation in the Canadian Legal Terrain
Approximately 95% of legal cases get settled before they reach the courtroom. Unfortunately, the vast majority of those are achieved on the "courthouse steps" (Ross, 1997: 32) years after their filing date and at an average cost of $38,000 per case (Ross, 1997: 8). In Norman A. Ross' book You be the Judge, he defines ADR as:Alternate Dispute Resolution or Appropriate Dispute Resolution - terms used to describe non-traditional processes involving forms of negotiation or adjudication used to resolve disputes peacefully. Examples include mediation, arbitration, conciliation, negotiation, early neutral evaluation, fact-finding, and mini-trial. (Ross, 1997: 163) The greatest benefits of ADR are that consumers today want quick and affordable service, ADR simply affords people that ability. Mediation specifically, which has been adopted by many legal systems (including becoming part of the legislative process in Ontario as of January 31, 1997), has by far the most benefits and should be used over other more costly and lengthy forms of dispute resolution such as litigation. This will be demonstrated through an explanation of the legislative process and its need for change, the process of mediating, and the advantages of using medi
A dispute resolution process administered by the courts. A lawsuit is launched by the plaintiff or claimant against defendant(s) from whom the claimant seeking relief, usually compensation, for example, or a legally wrongful act or omission. Lawyers are generally employed by the disputants. The process includes exchanges of information called discoveries, often a pretrial or settlement meeting and ultimately a trial before a judge. (Ross, 1997: 167) Ultimately, mediation is definitely a preferential alternative to the adjudicative style of litigation whereas it is not costly, long, and based on a positional style of negotiation. That's why in January 1997 it became a required aspect of the litigation process. Now everyone who files suit must mediate after completing the third stage of the litigation process before being able to continue on to trial. This has been demonstrated through an explanation of the legislative process and its need for change, the process of mediating, and the advantages of using mediation over other forms of dispute resolution. The parties are able to unburden themselves of emotions which often drive disputes in a safe and constructive way, with the assistance of the mediator.
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Approximate Word count = 2254
Approximate Pages = 9 (250 words per page double spaced)
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