Mediation is used as a neutral and flexible process where the mediator assists both parties equally in reaching a resolution without lengthy litigation.
Parties are met separately or together prior to the mediation where the mediation process is explained, all administration is covered and the mediator answers questions.
- Mediation promotes understanding
- It’s an opportunity for parties to be heard and listened to in a safe environment.
- It saves time and is cost effective
- The mediation is confidential unless otherwise required by law
- Parties can bring a support person or a legal representative if needed
- When a resolution is reached, the parties decide the settlement terms and sign the agreement
Frequently Asked Questions
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.
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.
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.
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.
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 optimum results.
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.