Civil disputes can take place in a wide variety of forms and settings. Parties may have a disagreement with a neighbour, customer, building contractor, service provider, or other business transactions. One may feel wronged and victimized by another party doing something that he/she was not supposed or expected to do. Most civil disputes involve two or more parties seeking monetary damages or specific performance rather than criminal sanctions.
The following provides the common types of civil disputes:
- Landlord and Tenant
- Products Liability
- Personal Injury
- Worker’s Compensation
- Employment & Labour
- Intellectual Property
There are challenges posed by the traditional adversarial culture within the legal profession. It is clear that a “litigation first, negotiation later” model is not always the best way to resolve civil disputes. In fact, most civil disputes do not end up in court, and those that do often do not lead to a full trial. Many are resolved with through civil mediation whereby a neutral third party facilitates the dialogue between the disputing parties with the objective of assisting them to reach a mutually agreeable outcome. It is a process placing outside a court that provides the disputing parties with greater control, personal involvement and confidentiality in resolving their disputes.
As experienced mediators at Mediation PLUS, our Mediators will evaluate the legal problems and suggest the most prudent course of action. Parties’ claims, counterclaims (if any) and defenses are persuasively but carefully presented to opposing side in order to prevent the dispute in question from becoming unnecessarily adversarial or confrontational. Every effort is made to explore all feasible options and alternatives for reasonable resolution through good faith negotiation. Our mediators are equipped to prepare the relevant parties to best take advantage of the opportunities to resolve the dispute on favourable terms when participating in a mediation or settlement meeting.
In the vast majority of civil disputes, Mediation have been able lead to negotiate a settlement that avoids the need for a trial. Mediation is often timely employed to facilitate a resolution agreeable to all parties and is preferable to prolonged legal proceedings ending with a judgment imposed by a judge.