Stop spending good money on this …

This short blog is for the benefit of any of you who may encounter conflict or disagreements in your personal or business lives which cannot be settled by negotiation.  If you cannot sever ties with the other party and the relationship must continue in some way then this is for you.

If you have a conflict with another party but the relationship must continue then it is my view and opinion that you should not litigate your issue as a means of trying to reach a solution.  Doing so will cost you money, time and also worsen the relationship.  An example of this is the ancillary matters of a divorce where children, specially minors, are involved.

One of the disadvantages of litigating in national courts is the expense of instructing Counsel and the risk of losing and/or not being able to recoup legal costs.

I recommend Mediation as a cost-effective alternative to Litigation.  Mediation is a form of alternative dispute resolution where a third party [a mediator] is appointed by agreement of the parties involved in the dispute to help them come to a mutually acceptable agreement. (Chartered Institute of Arbitration)

This process is less expensive than litigation because only the parties with settlement authority are directly involved and the parties must agree to the mediator and the process. There is nothing in this process that is forced.  Mediation is an ideal process for parties who are looking for a solution and are willing to compromise on some terms to reach a settlement.  It also gives the parties an opportunity to personally present their side of the story if they wish.

Mediation is a viable option to parties who must retain an ongoing relationship, has some room to compromise and want to avoid protracted and costly proceedings.

Feel free to direct any questions or comments to Kean Smith at kean@smithkas.com