No lawyer will tell you this - but when it comes to resolving disputes, court litigation should always be considered a last resort.
While litigation has its place, the drawbacks are numerous: it's expensive, time-consuming, and can often result in a mere paper judgment that may be difficult to enforce. Here are some compelling reasons why pre-court mediation is a far superior approach:
Cost-Effectiveness Mediation is significantly less expensive than litigation. Legal fees, court costs, and other related expenses can quickly add up in a courtroom setting. Mediation, on the other hand, involves fewer formal procedures, translating to lower costs.
Time-Saving Court cases can drag on for months or even years, causing prolonged stress and uncertainty for all parties involved. Mediation typically takes a fraction of the time, allowing for quicker resolutions and enabling everyone to move forward.
Enforceability Court judgments can sometimes be no more than a piece of paper with no real-world impact - debtors may have no tangible assets or cash remaining for you to enforce the judgment against. As a creditor, the last thing you want is to be even deeper in debt after taking a debtor to court. It is prudent to ensure that a debtor has sufficient assets/cash to seize before you even consider commencing court proceedings.
Flexibility Mediation allows for creative solutions that may not be available in a court ruling. The process is more flexible, with the mediator facilitating a dialogue that can address the specific needs and interests of both parties.
Confidentiality Unlike court proceedings, which are public, mediation is a private process. This confidentiality can be crucial in maintaining relationships and protecting reputations.
Control Over the Outcome In mediation, the parties have control over the final agreement. This collaborative approach often leads to more satisfactory outcomes compared to a judge's decision, which may leave one party feeling dissatisfied.
Preservation of Relationships Litigation can be adversarial and damage relationships beyond repair. Mediation fosters a cooperative environment where parties work together to reach a mutually beneficial resolution, preserving relationships whenever possible.
Aggressive and Effective Advocacy Many debts and disputes can be settled through pre-court mediation if your lawyer is aggressive and sharp enough to convince the debtor of the benefits of settling early. A skilled mediator can navigate the negotiation process effectively, ensuring your interests are well represented.
In conclusion, while court litigation has its place, the benefits of pre-court mediation are clear. It saves time, money and relationships; and leads to more practical and enforceable resolutions. Consider mediation as your first step towards resolving disputes – it could be the best decision you make.
Comments