Can civil cases be resolved without going to court?
Yes, civil cases can be resolved without going to court, which can be risky, expensive, and stressful. It is generally advisable to try settling first. Common alternatives include negotiation, mediation, and arbitration:
Negotiation
This is often the first step in resolving a dispute and usually starts with informal discussions between parties or their lawyers. If an agreement is reached, the terms are put into a written settlement offer and signed by all parties.
Mediation
Mediation involves a neutral third party, called a mediator, who helps the parties work toward a voluntary settlement. Meditation is confidential and only becomes binding if the parties sign a settlement agreement.
Arbitration
Arbitration involves a neutral third party, called an arbitrator, who hears both sides and then makes a binding decision. Arbitration is more formal than mediation but generally faster, more flexible, and more cost effective than going to court.
This FAQ was prepared by Vancouver Civil and Estate Litigation Lawyer, Jiya Dassan, and Calgary Articling Student Neema Khalili.
