|
|
Getting out of the Civil Court Process
My dispute is currently before the civil court. Is there an alternative?
Rightly or wrongly many people end up in court over a civil or business matter. Prior to getting to court a great deal of time and money has been spent on lawyers in obtaining opinions and preparing for the trial. You will be in the minority if you have spent less than you thought you would on the legal process so far. It is common for lawyers to start off saying that they believe you have a 75% chance of winning, however that percentage normally get revised down as the trial proceeds and new information from the other side comes to light. If your lawyer says you have a 75% chance of winning does that equate to the other sides lawyer must be telling them they only have a 25% chance? Probably not. The other sides lawyer is more than likely telling them that they to have a 75% chance of winning as well. If they were not saying this then why would they spend their money fighting it instead of just settling and moving on? The only event that is guaranteed is that at least one side is going to be majorly disappointed with the outcome, however it is usually both.
A common sentiment that we hear is, "But we cant get out of the court process now even if we wanted to." This of course is not true. Should the parties reach an agreement that satisfies all the issues the court trial is addressing then the lawyers for both sides can send a joint memorandum to the court advising them accordingly. There are many reasons why people would like to get out of the court process part way through. They include: -
My case is not going as well as I expected. This can happen for a number of reasons. The judge disallows some of your key evidence, the other side discovers a flaw in your argument, you discover a flaw in your argument and are hoping the other side does not get wind of it. New evidence is produced that goes against you and the list goes on.
My case is going well but it is costing me a fortune. Court is not cheap and everyone knows it. The bills just keep coming and very quickly you get the feeling that should you win (and there is no guarantee of this) then by the time you have added up your costs, financially the exercise was not worth it?
I don't like the uncertainty of this process, I don't know which way it will ultimately go. There is no such thing as a risk free action in court. Who knows what the outcome will be (good or bad). Would certainty now plus a halt to the ongoing legal bills be worth conceding part of your current position?
Mediation now may still be a better alternative than continuing on your current path. Mediation is a voluntary quick cost effective way to settle disputes in a consensual manor. The mediator does not decide who is right or who is wrong, nor does he tell anyone what to do. The mediator facilitates the parties to come to an agreement of their own making. About 85% of matters taken to mediation result in a successful outcome that resolved the parties dispute(s). It is the sensible alternative to our courts system.
Please don't hesitate to contact me danny.gelb@mediate.co.nz or 0800 746 225 on a fully confidential basis for an obligation free discussion. Other pages of our website you might find of interest are: -
|