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The importance of costs sanctions

Mediation can avoid costly longwinded litigation which is emotionally, physically and personally demanding of the parties.  Who would choose sleepless nights and uncertainty over actively taking control of the dispute in mediation and working at it to find a doable and workable solution?  A party who chooses the outcome as is the case in mediation can come out financially better off and infused with grace, self-respect and integrity.  Mediation is cheap, quick and efficient as well as creating closure so parties can get on with better things.

However, without the courts supporting that choice by making effective costs sanctions against those who choose not to be willing to mediate, the courts will be over worked and running up exorbitant legal fees for parties before even reaching trial.

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