"Snapper" (digital manipulation) 2010 "Judicial mediation is a waste of time and money" I could not agree more. (source: http://www.clbemployment.com/blog/2010/04/an-inconvenient-truth-judicial-mediation-is-a-waste-of-time-and-money/) |
It is the generally held belief that mediation works really well. So well in fact that it must be used regardless of the apparent ineffectiveness in the face of the facts at hand. It seems only relevant to the lawyers and mediators that mediation happen. Most disputing parties want to get the matter settled properly and at trial where the rulings made are enforceable. Especially the party that can demonstrate truth and provide proof of it. In Mediation, the matters have to be heard in secret, kept secret, the outcomes or discussions are not binding and no one has to follow any recommendation. There are no orders, no findings, though the matter is heard and judged in a manner of speaking by a very important QC (Queen's Counsel) person (someone just shy of becoming or wanting to become I judge?).
It is a "mini trial" which need not happen at all. It is an impediment just getting in the way of the real trial.