Mediation or Trial?

The choice between mediation and Trial depends on the specific circumstances of the legal dispute and the preferences of the parties involved. Here’s a brief overview of both options:-

Mediation

Mediation is effectively a supervised negotiation process, especially useful for resolving disputes in a less adversarial manner. One party will put forward their position as well as a proposal for settlement, the mediator communicates their position to the opposing party who are given time to consider their response. Parties always have the choice to accept, reject or to put forward a counteroffer.

As advocates, we help the client to determine whether an amicable offer is reasonable. We look at the rationale and justification of the offer to determine this. We continuously provide support and advise during the course of the day. Our advice will be based upon research, our devised mediation strategy and knowledge of the client and their goals or expectations.Mediation enables the parties to achieve their goals without incurring unnecessary fees of a Court Trial.

Trial

Trial is a Court process that is conducted in Open Court where the parties involved will present their evidence through their witness.

This essentially involve:-

1. Examination in chief of witnesses
2. Cross examination
3. Re-examination
4. Submissions by the respective parties

Some important elements of the Trial

1. Adversarial Process – A Trial is an adversarial process where the parties present their case before a judge, and a legally binding decision is made by the Court.
2. Formal Rules – Trial follow formal rules of evidence and procedure, and the outcome is determined by the judge based on these rules.
3. Public Record – Trial are typically public proceedings, and the record is available to the public.
4. Binding Decision – The decision reached in a Trial is legally binding and enforceable.
5. Appeal Process – Parties have the option to appeal a Trial verdict if they believe there were errors in the process or application of the law.
6. Higher Costs and Time – Trial can be time-consuming and expensive due to legal fees, Court costs and the formalities involved.

The choice between mediation and Trial should be made after considering the nature of the dispute, the goals of the parties, and the advice of legal counsel. Consult us if you need advice on this.

If you have any questions or require any additional information, please contact our lawyer that you usually deal with.

This article is written by 

Amy Lo Mei Chin
Partner, Lo & Partners