How does mediation differ from traditional litigation?
The common law legal system in Ontario often employs an adversarial process of resolving disputes. This is what many refer to as “going to court”. Litigation is defined as a legal proceeding in a court or a judicial contest to determine and enforce legal rights. Litigation is a preferred method of resolution in many cases and its importance is criticial for Canadian law. However, legal experts and judges alike cite many other situations where litigation is not necessary and where alternative dispute resolution mechanism may be more effective and even preferred. A mediator, lawyer or other professional can properly assess if your case particulars are best suited to what dispute resolution mechanism, including mediation. Mediation is defined as a negotiation to resolve differences that is conducted by some impartial party. Many legal experts agree that the process of mediation can allow for a more efficient and effective method of arriving at and complying with agreements relating to fam
