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Why mediation may be a wise choice

Mediation may look like it is only for those who are afraid to go to trial but in hindsight it may be a wise choice. In a recent reported decision Manson Insulation v Crossroads 2019 ABQB 684 , after 50 days of trial time and the involvement of 11 lawyers the Court reserved the decision and released it 3 years 9 month later awarding judgment to the Plaintiffs. The Defendants likely regret that they did not negotiate a settlement but the Plaintiff's may also have that regret due to the high cost of this litigation, that this matter dragged on since 2009, there are still issues to resolve and that collection of the judgment could be an issue. The Court expressed a concern that an 8 million dollar holdback may have been depleted due to the legal fees. If the Plaintiffs and Defendants knew what they now know, perhaps they would have considered hiring a mediator to assist with a settlement. The cost to both parties in legal fees and non-productive time for their staff was probably substantial. It would have been wise to consider mediation back in 2009 when the dispute started.


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