Mediation in the Canadian Legal Terrain
Approximately 95% of legal cases get settled before they reach the courtroom. Unfortunately, the vast majority of those are achieved on the “courthouse steps” (Ross, 1997: 32) years after their filing date and at an average cost of $38,000 per case (Ross, 1997: 8). In Norman A. Ross’ book You be the Judge, he defines ADR as:Alternate Dispute Resolution or Appropriate Dispute Resolution – terms used to describe non-traditional processes involving forms of negotiation or adjudication used to resolve disputes peacefully. Examples include mediation, arbitration, conciliation, negotiation, early neutral evaluation, fact-finding, and mini-trial. (Ross, 1997: 163) The greatest benefits of ADR are that consumers today want quick and affordable service, ADR simply affords people that ability. Mediation specifically, which has been adopted by many legal systems (including becoming part of the legislative process in Ontario as of January 31, 1997), has by far the most benefits and should be used over other more costly and lengthy forms of dispute resolution such as litigation. This will be demonstrated through an explanation of the legislative process and its need for change, the process of mediating, and the advantages of using medi
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Approximate Word count = 2254
Approximate Pages = 9 (250 words per page double spaced)
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