Why William Wolfe Mediations?

THE VALUE OF MEDIATION

Times have changed since I was called to the bar in 1990. Mediation wasn’t on

everyone’s (or anyone’s) radar. Trial was the method of resolving recalcitrant disputes.

As a lawyer I loved it. But litigation was different back then. Case in point, five days after I was called to the bar, I was tasked with conducting a jury trial in Toronto in the District Court of Ontario. A fire broke out at the marina I was defending, and it burned down an outbuilding on an adjacent property. What were the stakes? About $8,000. But that required a 3-day jury trial. I cannot imagine that scenario playing out today and for good reason.

Litigation is expensive and in comparison, mediation is cheap. We routinely read about

cases wherein the costs awarded exceed the plaintiff’s recovery. In almost every case

mediation is a worthwhile option to pursue.

Having worked both “sides of the street” I have over time developed a good understanding of what both sides want to get out of the mediation process. Ideally a

settlement but for a plaintiff you at least get to theoretically see the insurer’s best offer and you know where you stand and you can make an informed decision. For an insurer you get to see the broad outline of the plaintiffs case through someone else’s eyes.