Mediation

What is Mediation?

Mediation is a negotiation between two parties with a professionally trained neutral third-party (the mediator) who assists both parties come to a mutual resolution. A court battle can be long, stressful, and costly and for some a mediation may be a better and more feasible option as a mediation is faster, less costly, and  is private and confidential. Every situation is different, and mediation may be the better approach for your disagreement/dispute.

• Mediators do NOT take sides, make decisions, or give legal advice (see below).

• Mediation can be used prior to starting a court proceeding, during a court proceeding, or to avoid going to court.

• Mediation will only work if both parties are willing to work out a solution, both parties feel safe talking to each other about the issues, and you are wiling to listen to each others concerns.

Over the course of a mediation the mediator can help both parties reach an agreement if they are willing. The mediator will then put what you have agreed to in a document which will become legally binding once both parties sign the agreement.

What can Mediation be used for?

 Family Law 

·      Prenuptial agreement negotiations

·      Separation

·      Financial or budget disagreements

·      Eldercare

·      Adult sibling disputes

·      Divorce

·      Parenting

·      Child Custody

 Employment Law

·      Wrongful termination

·      Interoffice or workplace disagreements / disputes

·      Discrimination

·      Harassment

·      Grievances

·      Labour management

   Other

·      School conflicts

·      Contract negotiations / disagreements

·      Landlord / Tenant disputes

·      Partnerships

·      And MORE

How will mediation benefit me?

(The FIVE C’s)

Cost

When looking at cost of mediation compared to the cost of a court proceeding, mediation is significantly less due to the time involved. Depending on the complexity of the issues mediation may take a half of day, full day, or possibly longer to come to a mutual resolution that both parties can agree upon. This is still significantly less than a court proceeding which is significantly longer (currently upwards of a year or more). In addition to the increase cost and time, the resolution in the end will be decided by the Judge or Jury hearing the matter.

Confidentiality

Mediation may be “open” (usually with court proceedings) or “closed” (private mediation). The benefit to a closed mediation is that it is private and confidential and both parties at the prior to starting the mediation sign off and agree to those terms. Anything discussed in a closed mediation stays in a mediation and is not to be used against the other side should the matter proceed to court. This security allows for both parties to speak openly to come to a mutual resolution.

Control

A benefit to mediation is the control the parties have over the resolution. During a court proceeding a judge or jury will have the final say, which may or may not be the outcome you thought you deserved. When both parties agree to mediation, they take control and have the opportunity to work together to come to a mutually agreeable outcome. This can lead to preservation of the relationship, less time living with the stress of the court process, the agreement is legally binding (security), and the cost is significantly less than a court proceeding.

Compliance

When parties work together to come to a mutual resolution the success rate of that resolution is usually high. Everything discussed during the mediation remains confidential. That said, the mediated agreement is a legally binding agreement between both parties and is fully enforceable. This is designed to keep the peace and keep both parties honest following the mediated agreement.

Care

Mediators are trained to act as a third-party neutral facilitator who assist both parties through the process of negotiation. “Out of the box” thinking is what mediators are known for, and also aid the parties in discovering possible solutions to resolve their dispute which is designed to lead to a mutual resolution that both parties agree to follow.

Mediation - Legal Advice

A mediator will not provide either party with legal advice.

Should either party wish to know their legal rights, it is strongly recommended they seek legal advice before and/or throughout the mediation from a legal professional who is not the mediator. A paralegal or lawyer may be involved in your mediation but is not required to be present at the mediation. It is always recommended prior to signing any agreement to get individual legal advice.