Is mediation always preferable to litigation?
No. There are some instances that mediation may not be suitable, and traditional litigation is preferred. In disputes that are likely to have a high precedent value, it may be important to have the dispute decided in a public forum. Examples include human rights cases with national implications or cases that interpret a new provision of amended or new legislation. Such cases are needed to be decided publicly in order to provide the benchmark for future cases, whether those future cases are resolved in the courts or through mediation.
