Is there a right time to start a dispute resolution?
Go to mediation or facilitation as soon as you can. The longer you keep an ongoing conflict or situation unresolved, the greater the stress, tension, misunderstanding and communication break down risk to build up further until the situation could become unattainable.
The dispute has gone on for ages, how long will it take to resolve it?
What happens in mediation or in any other form of dispute resolution is up to you. The process is flexible. After the initial preliminary conference meeting, it could take from circa three hours to a full day or more according to the complexity of your dispute. The key is to come well prepared, and think of possible options for resolution prior to the mediation.
What about if we don’t agree?
You are not obliged to settle your dispute at the end of the mediation. The agreement is yours, and you would want to feel comfortable with it. You can also choose to come back for a further mediation. It is important to think of the next realistic step for you if you don’t reach an agreement at the end of the mediation, and consider your best options. This being said, circa 80% of disputes get resolved in mediation.
What about the cost of mediation?
Mediation or any other form of dispute resolution is much cheaper than litigation and can be settled much quicker.
The cost is generally shared equally between the parties.
The cost will cover the Preliminary Mediation Conference, the Mediation itself, cost of room(s). There might be additional costs if the Mediator travels out of area to the Mediation, and disbursements.
Can I bring a lawyer, advocate, or a support person?
As a Mediator, I am neutral and impartial, and don’t give any advice to parties.
You can bring a lawyer or an advocate to the Mediation if necessary. You can also bring a support person.
Direct communication between parties is encouraged during the mediation, for uptimum results.
Is mediation confidential?
Yes, anything said in mediation is and stays confidential and can’t be used in evidence in Court. The mediator isn’t a witness. Confidentiality is important and necessary to ensure an open and frank conversation between the parties. Only the people directly involved in the mediation know what is said during mediation from the initial process, discussions, to any agreement and settlement.