To Mediate or Litigate?

Updated: Dec 2, 2019

Mediation is a client-driven process that harnesses the momentum of client negotiations to craft solutions for disputing parties.

Mediation is an interest-based, inclusive and collaborative process. While it may not be suitable in every situation, it presents a resource for disputing parties to develop unique solutions without having the uncertainty of judicially imposed orders.

Flak Law particularly understands that the adversarial process, a system that is slow to change, may be an unsuitable process for families in conflict.

Resolving family matters through the court process, which is combative in nature, may mimic the conflictual environment which led to the breakdown of the relationship.

The court system will provide an outcome for parties, but said outcomes are fundamentally limited by the precedent-based legal structure which perpetuates familiar solutions. We are particularly attuned to these limitations in the court process and look for characteristics that may make our client’s matter suitable for mediation and other dispute resolution alternatives.

Flak Law is committed to mindful practice, and we recognize when mediation may be advantageous for our client after taking into consideration our client’s interests and the characteristics of the matter which may lend it susceptible to the limitations of the mediation process. We understand that the breakdown of relationships and family conflict can be highly emotional. Mediation has the potential to be a space to validate such emotions. Agreements reached during mediation are not a binding contract until they are forwarded to the respective lawyers of each of the parties. The team at Flak Law are skilled negotiators and contract drafters. We are focused on assisting clients in thinking about their future happiness and are committed to negotiation and resolving matters in the most optimal way for our clients.

Author: Rachel Gopaul, Associate

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