How to avoid Common Delay Tactics

Claiming Not To Have Received Charge Sheet

Claiming to not have received a charge sheet is one of the most common underhand strategies that defense lawyers use to prolong the hearing process. This argument means that the defense attorney does explicitly not know why their client has been brought before a judge. As such, they must be served with the charge sheet, after which they will prepare for defense.

In criminal proceedings, failure to have the charge sheet to the defense lawyers may cause the defendant to suffer prejudice, which means that they must be given the charge sheet while allowing time to prepare for responses. This simple tactic can delay proceedings by more than two weeks or a month. If you want to get familiar with other tactics and legal acts, you can always research reliable Ontario legal resources.

Challenging the Validity of Documents

Another common practice that defense lawyers have perfected for many years is challenging the validity of plaintiffs’ documents. In most cases, defense lawyers will claim forgery for the supporting documents presented in court. For example, legal agreements, medical reports and financial statements are some of the documents that bring the forgery argument in place.

In this scenario, the plaintiff is required to ascertain the validity of the documents. Some of the papers involved may require official stamps, while independent bodies must assess others. In such circumstances, the judge may delay the case for up to six months, which causes the plaintiff to suffer prejudice.

Absence of the Lawyer in Court

In some instances, defense lawyers knowingly fail to report to court to hear the matter before the judge. This is one of the most common tactics that lawyers have been using to delay justice for many years. Lawyers will always be absent when a critical decision is likely to be given by the court. In most cases, attorneys will argue with sick leaves, family problems and other personal issues.

In cases where two or more lawyers are involved, one may turn absent and thereby force the court to fix another date for proceedings. Due to the number of cases that the court has to handle, it may take weeks or months to find another day and time when everyone is comfortable to continue with the case.

To avoid common delay tactics in a mediation proceeding, consider the following strategies:

1. Set Clear Expectations: Clearly communicate the expected timeline and process of the mediation at the outset. Establish a shared understanding with all parties involved regarding the importance of timely progress and reaching a resolution.

2. Define Ground Rules: Establish ground rules for the mediation, including guidelines on respectful communication, adherence to scheduled meetings, and prompt exchange of information. Ensure that all parties understand and agree to these rules to maintain a productive and efficient mediation process.

3. Encourage Preparation: Request that all parties come to the mediation prepared with necessary information and documentation. This helps to avoid unnecessary delays caused by insufficient or incomplete information.

4. Foster Open Communication: Encourage open and transparent communication among the parties throughout the mediation process. Create an environment where all parties feel comfortable expressing their concerns, interests, and proposed solutions. Encourage active listening and discourage repetitive arguments or unnecessary tangents.

5. Address Procedural Issues Early: Identify and address any procedural issues or concerns promptly. If there are disagreements or conflicts about the mediation process, try to resolve them early on with the assistance of the mediator to avoid delays later in the process.

6. Manage Expectations: Help manage the expectations of all parties involved by discussing the likely timeframe for the mediation process. This can help mitigate frustrations and prevent unnecessary delays caused by unrealistic expectations.

7. Encourage Timely Decision-Making: Motivate all parties to make timely decisions and engage in the negotiation process in good faith. Remind them of the benefits of a timely resolution and the potential costs and uncertainties associated with delay.

8. Address Delay Tactics: If you suspect or encounter delay tactics from any party, address the issue directly and assertively but respectfully. Communicate the importance of constructive engagement and emphasize the shared goal of reaching a resolution. Encourage all parties to focus on the issues at hand and avoid tactics that impede progress.

9. Use the Mediator's Guidance: Rely on the mediator's expertise and guidance to manage any delay tactics effectively. The mediator can help facilitate discussions, redirect unproductive behavior, and encourage parties to stay on track.

10. Stay Focused on the Outcome: Continuously remind all parties of the ultimate goal of reaching a resolution. Encourage them to prioritize the resolution of the dispute over engaging in delay tactics. Emphasize the benefits of a timely resolution in terms of cost savings, preserving relationships, and moving forward.

By implementing these strategies and promoting a cooperative and efficient atmosphere, you can help prevent common delay tactics and ensure a smoother and more effective mediation process.