Perfect Solutions for the Best of Solutions Over the CA Problems

Mediation is still poorly understood and its effects are often questioned by economic players. They often see in mediation only “a warming up” of the “real” procedure, which can only intervene according to them at the judicial level. In addition, even if the process is confidential, the parties often fear to fully engage in mediation because they fear that their positions, revealed in this context, even if they cannot be resumed as they are at the legal level, may nevertheless indicate their main arguments and reveal their strengths, allowing the opposing party to prepare for them, or even to better counter them. In that case the lawyer can tell you about the difference between fraud and constructive fraud in California.

The great advantage of mediation however lies in the fact that this process is not part of the formalistic framework of judicial procedure. In mediation, the parties must be innovative and free to advance non-legal solutions, often more reasonable, in the context of their dispute. Also if they find the elements of fraud in CA then also they can take steps. They must be ready to consider their differences no longer from a legal angle, but from other angles, in particular that of the economic and commercial aspect of their past or future relations. It is therefore not essential that the mediator is a lawyer. According to expert opinion, this would even be a disadvantage, given the great opportunity that mediation offers the parties to speak to each other informally. On the other hand, it is essential that the mediator is experienced in mediation methods.

Ordinary civil procedure:

Under this country law, ordinary civil procedure is defined by the Federal Code of Civil Procedure, which came into force. This code unified the various cantonal civil procedures which had prevailed until then. The purpose of this contribution is not to describe the details of this procedure. Rather, it consists in allowing the businessman to consider what awaits him if he decides to take this route to settle his dispute. As such, it should first be emphasized that this procedure cannot be envisaged without the assistance and advice of a lawyer registered with the bar of the forum for the dispute. The procedure, although it has been simplified in many respects by this new code, remains complex and specific.

Attention Attorneys looking for SEO for your business: Contact Brad Nakase if you need seo tips for attorneys.

Time-line of the legal proceedings

Second, the parties’ attention should be drawn to the length of the proceedings. A period of 18 to 24 months at first instance is the rule. 36 months is common. An appeal lasting 12 months on average may follow, as well as an appeal to the Federal Court which is settled in 6 to 12 months, which leads and whatever the forum chosen, to procedures of close if not more four years, all instances combined. You have to check theexamples of repudiation of contract for proper understanding.

The costs of the procedure are also not negligible.

The cost advances defined according to the cantons can be significant. Thus, for example, for a disputed value of more than $ 500,000, the initial cost advance will be in the canton of Vaud of the order of $ 16,000, to which must be added the subsequent advances, in particular relating to the hearing of witnesses, possible expertise, appeal and recourse to the Federal Court, without forgetting the attorney’s fees.

Related posts