Working things out: Mediation

Mediation is a process for resolving conflict. It is an alternative to court.

Mediation is:

voluntary
private
confidential.

The parties have sole control over the outcome. Mediation is often used when parties to a conflict have failed to work the issue out for themselves. Mediation is about cooperative problem-solving.

Mediation is a process that involves a mediator, who is appointed by both parties, to help the parties find common ground and reach a mutually agreeable outcome, if possible. Mediators are neutral, impartial professionals. Mediators do not provide legal advice.

Can Mediation help me solve my problem?

Who can benefit from mediation?

What does the mediator do?

How does mediation work?

What happens during mediation?

What are some of the benefits of mediation?

Mediations are private and confidential; the court process is public and not confidential. They do not require forms and people in conflict do not have to follow complicated steps to get to mediation: the court system is all about forms, Rules and processes which can be very complicated for the ordinary person to follow. Mediations are quick, efficient and often much less expensive than court. Because problems can be addressed sooner, the parties are spared the emotional turmoil of ongoing conflict.

Voluntary Participation

Parties who enter into mediation do so freely. They are not forced to negotiate or settle but do so of their own free will.

Timeliness

The parties set their own timelines for the process. It is not controlled by court dates or waiting periods. Normally, the process can be arranged directly, between the parties and a mediator, to be held at a time and place convenient to the parties with little or no delay.

Saves Money

A mediator can normally provide an estimate of the cost of the process at the beginning. Evidence suggests that conflicts handled through mediation are most often much less expensive than the cost of going to court. The ability to choose an informed mediator usually increases the opportunity for cost savings.

Confidentiality

Mediation sessions are held in private and all proceedings are confidential to the mediator and the participating parties. Mediators usually cannot be called upon to give evidence, in any action that may follow the mediation, about any matters that were discussed during the mediation.

Supports the Parties

Parties who reach their own decisions through mediation have more influence on the outcome of their dispute as they remain in control of the decision-making process. This is very different from arbitration or going to court where the decision-making authority is with the arbitrator or judge. The mediator has no decision-making authority and is there to help the parties understand each other.

Practical Solutions

Parties who mediate their conflicts are able to consider the details of implementation. Settlements can be specially tailored to meet the parties’ needs.

Maintains Relationships

Because mediation addresses the parties’ interests and seeks to achieve a win for all involved, the process is non-adversarial compared to going to court. There is a greater likelihood of parties maintaining relationships through a mediation process.

Stopping the Process

As mediation is voluntary it can be stopped by any party at any time and it in no way affects pursuing another option for resolving the conflict.