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Court vs. Mediation

Q: What is the difference between court and mediation?

A: Court deals in the past and mediation deals in the future.

   Having been an observer of the court system it is clear that the courts have no choice to but to look into the past and use those events and circumstances to determine who was right and who was wrong. They operate on limited time frames and with limited resources. They have a need for expediency for could you imagine, even the simplist of  cases could go on for  days, weeks and months. Their determinations of guilt and the decisions it makes are set forth by guidelines in both sentencing and awards. There are rules of evidence that even if evidence that could prove the guilt or innocence in both criminal and civil cases cannot be used for they lay outside those rules.

   Sure the system is flawed, but is there a better system? Yes there is a the rest of the world is using it except us. That system is loser pays. In the rest of the world if you bring suit against another person or entity and you lose your case, you pay for the other persons attorney to having had to defend them against your complaint. What would tort law look like if the United States would join in the world system of justice? In a justice system that even a murderer can get off after hacking up his ex-wife and her boyfriend, what chance is there to win your case? And if you lost now not only would you have to pay your lawyer, you'd have to pay the lawyer of the person you sued. I'd imagine that it would cut down the case load tremediously of the court system.

Another system was developed and that is the Mediation model. Mediation deals in the future. It doesn't care what happened in the past or who was right and who was wrong. It cares how the future is going to be determined. You hear on the news when there is a crisis in some country, you hear the newscaster say that that there are mediators going to that area to attempt to mediate a peaceful solution. What you never hear is that lawyers are being sent to that location to negotiate a settlement because you would probably never hear from them again.

If you feel that a settlement could be reached without the use of the court system, mediation is your answer.


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