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Why Should I Ever Go to Court? Good question. Some cases will inevitably go to Court; but the Court process breeds winners and losers, takes time and is costly. If you have tried, unsuccessfully, to resolve your dispute informally and/or with mediation or arbitration, perhaps you and your opponent need a judge or jury to make the decision.
Judges and juries decide cases by applying limited facts to narrowly defined points of law. Even arbitration is limited in terms of the facts and issues deemed relevant for discussion and resolution. In contrast, all relevant aspects of parties' interests and concerns are (or can be) explored in mediation. After all, true resolution really is about the parties. The scope of a given mediation is limitless, enabling the mediator to explore areas of value to the parties which are usually well beyond both the power and the authority of a judge.
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