Understanding the difference is critical for managing both your costs and your risk.

The Fundamental Difference- The primary distinction lies in control.

• Trial: A judge (and essentially a stranger to your dispute) hears the evidence and imposes a binding decision. You lose control over the outcome the moment the trial begins.
• Mediation: The parties retain control. A neutral third party (the mediator) facilitates a negotiation, but they cannot force a decision. A resolution is reached only if both sides agree to the terms.

Cost and Efficiency Trials are inherently expensive. They require extensive preparation, including document discovery, witness preparation, and often weeks of court time. The procedural requirements of the BC Supreme Court are rigorous. Mediation, by contrast, can often be concluded in a single day or less. While you still need legal counsel to prepare and attend, the overall investment is significantly lower than a full trial.

Read the full article here http://creaseharman.com/mediation-vs-trial-for-civil-disputes/

“To pursue this sets a precedent for activists and people wanting to know what’s going on with our money in our communities”: the words of Hans McCarthy, Indigenous activist and member of Frog Lake First Nation, following the Order of the Federal Court made on November 20, 2025.

Federal legislation requires transparency when it comes to the management of First Nations’ finances, and this decision should serve as a wakeup call for a federal government that has failed to uphold the law for nearly a decade.

Mr. Justice Ahmed allowed our application for judicial review, heard in September 2025, of Indigenous Services Canada’s (“ISC”) refusal to provide copies of Frog Lake First Nation Band Council Resolutions (“BCRs”) authorizing the use of Band trust funds held by the federal government, which had been requested by Mr. McCarthy under the Access to Information Act (“ATIA”). The Court ordered ISC to produce the requested records within 30 days of the Order, subject to limited redactions of personal information.

Read full article here: https://creaseharman.com/decision-on-disclosure-of-frog-lake-first-nation-financial-records/