18/02: So why mediate instead of litigate?
As a long time mediator, most people I come across tend to be upset, somewhat angry and certainly “emotional” about the conflict they find themselves in.
Often a first reaction for people who are upset or feel they have been wronged is to “take them to court”. I don’t know who originally penned the saying “Having your day in court”; but I’m guessing it must have been someone with lots of money.
In essence how helpful is the court process; but more importantly how many people actually end up in court. Well, a lot less than you might think. You might be surprised how many deals are done in the corridors of a court between lawyers. Even more surprising is the leverage they use. It’s called money. I’ve had many a story told where a lawyer has told their client if you don’t agree to this (which the lawyers see as reasonable) then it’s going to cost you this much.
Even if it gets into court and the judge makes a decision, there is one thing they can not do. It’s called “goodwill”. A judgment in many instances assumes the parties will obey and adhere to what is being ordered. Take for example orders around parenting children. If they’re not followed (Australia) then the Police don’t get involved, it goes back to the Family court.
How many times can someone afford to keep going back to the Family Court? If someone is ordered to pay a sum of money, I seem to have read many ways of people avoiding, delaying etc.
Mediation really is a far better way of handling disputes (I do acknowledge that some very tricky cases need courts). Most people really need to sit down and work it out with the other person. Surprisingly, most people who come up with agreements in mediation stick to them, because they came up with them, rather than having something imposed upon them. The beauty of that is, often the agreements have a goodwill component and cost so much less than litigation.
Item viewed: 33447 times
Often a first reaction for people who are upset or feel they have been wronged is to “take them to court”. I don’t know who originally penned the saying “Having your day in court”; but I’m guessing it must have been someone with lots of money.
In essence how helpful is the court process; but more importantly how many people actually end up in court. Well, a lot less than you might think. You might be surprised how many deals are done in the corridors of a court between lawyers. Even more surprising is the leverage they use. It’s called money. I’ve had many a story told where a lawyer has told their client if you don’t agree to this (which the lawyers see as reasonable) then it’s going to cost you this much.
Even if it gets into court and the judge makes a decision, there is one thing they can not do. It’s called “goodwill”. A judgment in many instances assumes the parties will obey and adhere to what is being ordered. Take for example orders around parenting children. If they’re not followed (Australia) then the Police don’t get involved, it goes back to the Family court.
How many times can someone afford to keep going back to the Family Court? If someone is ordered to pay a sum of money, I seem to have read many ways of people avoiding, delaying etc.
Mediation really is a far better way of handling disputes (I do acknowledge that some very tricky cases need courts). Most people really need to sit down and work it out with the other person. Surprisingly, most people who come up with agreements in mediation stick to them, because they came up with them, rather than having something imposed upon them. The beauty of that is, often the agreements have a goodwill component and cost so much less than litigation.
Item viewed: 33447 times
