Archive for April, 2013

Judicial Thinking – Part 2

Monday, April 8th, 2013

I was going to add another of my thoughts, but I’ll use this post to leave it to the judges themselves to give some of their own insight.

At this link, you will see an episode of Family Matters which is a show on CHCH in Hamilton.  As its name implies, it relates to family law cases.  However, this particular episode is a discussion with a retired judge who talks about some of the limitations of the court system.  Dealing with self-represented litigants; dealing with people who have the idea that the court should be like they see on The People’s Court or Judge Judy; dealing with the fact that judges are presented with only a portion of all of the facts; dealing with the all-or-nothing nature of the adversarial system; all of these issues apply to all types of litigation and are not exclusive to family law cases. 

That said, the discussion about mediation should be taken with a huge grain of salt since in a family law situation you have parents who are often trying to still raise their children and should therefore work together.   The example used is of mountain climbers who have to work together to get to the top.  In a dispute related to your business, sometimes that process will also apply – for example, if you have a dispute with one of your key suppliers and you both still have to get along.  But if you do not have an ongoing relationship with the other side, then, again, using the mountain climber example, neither you nor the other side will care if you cut the rope and let the other fall to his/her death.  So you have to be aware of these differences and realize that mediation may not work as well in non-family law cases.

If you have about 25 minutes, it’s a pretty good show to watch.  And if you have family law issues at home, you may want to check out some of the other episodes to see if any of them might be helpful for you.

Something to think about.