Mediation

Mediation v Litigation

Alexander J MacIver is a facilitator, negotiator and mediator with over 35 years experience in dispute resolution. MacIver believes clients will save time and money when they participate in the Mediation process. Mediation is a collaborative, innovative and pragmatic process providing individuals and families with private, personalized solutions. Mediation is a very viable alternative to costly litigation.

ALTERNATIVE DISPUTE RESOLUTION (ADR):

AN ALTERNATIVE TO LITIGATION IN FAMILY LAW

(An excerpt of a public education article by A. J. (Sandy) MacIver)

A litigation lawyer with a so-called unadvertised specialty in family law these past 35 years, I have observed a shift in the public mood away from the respect normally accorded the legal profession in general. “Q. What do you call two thousand lawyers at the bottom of the ocean? A. - A good start!” is a recent joke provoking more serious laughter than is comfortable for one who cannot swim.

Perhaps the most dominant complaint the public has toward the law, in general, and lawyers, in particular, is the high costs associated with resolving disputes by litigation. Privately, many lawyers will admit that they appear to be pricing themselves right out of a career.

THE NEED FOR MEDIATION

In recent years Corporations have engaged in downsizing. These corporations have taken very serious steps to cut expenses. This includes taking a long hard look at their legal expenses and the manner in which they hire law firms. Instead of continuing with traditional loyalty (company maintaining an established law firm on permanent retainer), more and more companies are now actively shopping for the best ‘deal.' Many companies have moved from a singular ‘legal advisor’ on staff for referral purposes to creating entire ‘in house’ legal departments to meet the specific needs of their company. Salaries, not retainers, are now paid at a substantially reduced and controlled cost to the Company. Governments, businesses, financial institutions and individuals are all seeking a less costly solution to their conflicts. More and more companies, governments and individuals are considering another alternative: MEDIATION.

In truth, Alternative Dispute Resolution (ADR) is the fastest growing area impacting the legal profession today. Traditionally, ADR has been more prevalent in the area of labour law, construction and insurance disputes, national and international business transactions. Moreover, the need to expand into other branches of the law is growing.

The Superior Courts are jammed – trial dates are not available until often years after the issue in dispute is but a distant memory.