Mediate or Wait, Wait, Wait.

You’ve heard that phrase about a “speedy trial,” right?  You’ve also heard that everyone, including courts, are experiencing budget cuts, yes?   So, what does it mean?

First, it means that many folks are learning that speedy trials are guaranteed only to criminal defendants, not “civil claims” like breach of contract, divorce, etc. 

Secondly, the backlog of cases in courts has gotten so bad that, despite courts pushing civil matters aside, criminal defendants are potentially able to go free without any trial.  It means that civil suits can and will languish in courts for years before a judge gets to them.

Third, it means that ADR – whether arbitration or mediation – should be an obvious choice for resolution of disputes.  From a business perspective, resolving most litigation outside the courts is going to make financial sense and should make financial sense.

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