Six Reasons to Try to Reach an Agreement and Avoid Going to Court

Separation of a couple, a dispute between neighbours, failure to respect a contract… conflicts can occur in many ways. Our first reflex may be to go to court, but that’s not the only option, and it may not be the best. Here are six reasons to try to reach an agreement and avoid going to court.

1 – Avoiding hefty costs

A trial can be long and costly. Other options may be more affordable, and some are entirely free. These “alternative means of dispute resolution” include negotiation, mediation, conciliation and arbitration.

For example, couples who separate often have the right to a certain number of hours of free mediation.

2 – Resolving a dispute more quickly

Some of these alternatives to going to court can be started without any formal procedures. This can lead to a solution more quickly than going to court. This is notably the case for negotiation. It simply involves a discussion with the other person to try to reach an agreement.

3 – Reaching a compromise

Trials can go well but can also go very badly! The judgement may go entirely against you.

These alternatives to going to court typically put the people involved in the dispute at the heart of the process. They are directly involved in seeking a satisfactory solution.

This helps them to focus on what they need to settle the dispute. This could be, for example, an apology, a handshake, or recognition of harm suffered.

4 – Maintaining good relations

Don’t forget that, even if you win on every point in court, your neighbour will still be… your neighbour! Settling a dispute through mediation or negotiation can help preserve good relations.

5 – Respecting the law

By law, you must “consider” alternative means of dispute resolution before going to court.

“Consider” in this context means you must carefully examine all options that could help settle the dispute without going to court. You have to look for a solution that suits the particular situation, and it may be more appropriate than a courtroom trial.

If your claim is for $15,000 or less, the law says that you must give priority to mediation or arbitration before going to court. Such claims are called small claims. 

6 – Getting a court hearing faster if you’re unable to reach an agreement 

Generally, if you decide to go to court, your case will be given priority if you have already tried to reach an agreement with the other person through other means, like mediation. However, this rule doesn’t apply to family matters or small claims. If you decide to go to court, you will have to provide a certificate confirming that you have tried to settle the matter outside of court. Certified mediators and government bodies that offer civil mediation can issue these certificates.