I became very interested in Mediation as a form of conflict resolution after my first encounter with a mediator. A real estate matter went sour and I desired my down payment reimbursed. Due to the burden of caseloads, courts often refer certain cases to mediation. My case was referred and I was contacted via mail by the local mediation agency. Initially, I did not oppose to mediation at all. My only concern was that the respondents would not appear and I would risk loosing a personal day at work, not to mention the cost of transportation. Indeed, the respondents did not agree to mediation for their own reasons and both parties ended up waiting three months to have our case heard before a judge. We then waited approximately five more months to receive a decision from the judge who felt he needed more time to go over the documents in the case to make a clear decision. I walked out of court feeling uncertain but confident that a fair judgement would be one in my favor. There were no facts that persuaded me otherwise.
We live in very litigious times. So often we hear individuals state how they plan to sue, or are involved in a law suit. The idea is thrown around so often. It has become so common. But how many of us (not working in the legal field) are aware of the process; the pros and the cons? I contribute to this blog for those among us who aren't legal savvy.
Litigation for the common citizen should be well thought out. Each party should have detailed documents to support their claim. Unorganized individuals should absolutely work with an attorney for best results. Organized individuals may save a few bucks by representing themselves (pro se) in select cases.
After a case is won there is no guarantee that the debtor will pay. It becomes the obligation of the winning party to initiate a whole new process to collect the debt that a debtor fails to pay. This new process entails soliciting the assistance of the local sheriff. Not without a fee of course. Then there are documents to be filled out. After all debts are recovered, it is the obligation of the winner to provide the court with a document called a Satisfaction of Judgement. This releases the debtor from any actions resulting from delinquencies in paying all debts owed in the case.It may take months for the debtor to pay what is owed. One woman waited five years for a payment in a personal injury case.
Law suits are extremely valuable in setting precedents for areas where injustices are not addressed. Common conflicts may do better to be tackled in a new way. After all, the conflicts most chosen for mediation are those that arise most often. This tells us that these conflicts require an innovative way of tackling. Our older methods are stacking the courts with far too many cases. Mediation as a form of conflict resolution that allows both parties to be heard by each other. Mediation cuts down on the wait time. I just wanted to share my experience with you.
