Legal mediation is a method of conflict resolution in which a completely impartial third party intervenes to help the parties involved find an amicable solution themselves. It is an effective way to avoid a lawsuit and enjoy many other advantages. Discover why to resort to legal mediation.
To avoid a lawsuit
The very first advantage of legal mediation is that it allows avoiding the harshness of a trial confrontation. It can be conducted before or during a trial to resolve the entire conflict in a simpler and more long-term manner.
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It is also a way to limit the adversary’s capacity to cause harm and to control the terms of execution of the agreement reached. It helps to recreate a social bond between the parties while eliminating any notion of winner and loser.
To resolve different types of disputes amicably
The second advantage of legal mediation is that it can be used for many different disputes. It is a means to amicably resolve disputes between individuals such as neighborhood disputes, property disputes, divorce, or family disputes. It can also intervene in commercial disputes, particularly in cases of disagreements between clients and suppliers, service providers, agents, etc.
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Furthermore, it should not be forgotten that it is the ideal solution for resolving disputes in business, both between employers and employees and between employees. Finally, legal mediation is effective for untangling real estate disputes such as disputes between owners, disputes between owners and tenants, and disputes between owners and property managers.
To ensure the confidentiality of exchanges
Choosing to call upon a justice mediator also means choosing to ensure the confidentiality of exchanges. This legal professional will ensure that statements and all documents used during the mediation are not disclosed to third parties, nor invoked before the courts without the parties’ consent, even if the procedure has failed.
It is worth noting that there are, however, two limits to the principle of confidentiality. It is possible to disclose information in the presence of compelling public interest reasons or reasons related to the protection of the best interests of the child or the physical or psychological integrity of the person. There is also no harm in using certain information if it is necessary for the implementation or execution of the mediation.
To benefit from the intervention of a professional
To better understand the advantages of seeking a legal mediation, it is important to discuss the main missions of the justice mediator according to the situations.
In the case of dysfunction in the relationship between the parties, for example, they intervene to initiate an individual discussion with each of them to promote reconciliation.
In the case of a conflict based on a misunderstanding, a miscommunication, or a breakdown of dialogue, they can act as an intermediary to clarify matters and attempt to restore the link between the two parties.
In cases where a legal solution seems unfair or leads to disproportionate consequences, the justice mediator tries to find a win-win solution while always referring to the applicable law.
Moreover, the mediator can also ensure that the final agreement contains a solution that is acceptable to both parties and easier to implement. Unlike certain judicial decisions, mediation always results in a decision that is easy to execute.
Finally, in cases of disproportion between the stakes, costs, timelines, and/or uncertainties of a judicial procedure, the justice mediator commits to focusing on the heart of the problem while adopting the best strategies to resolve it as quickly as possible and with a predefined cost.