Mediation is a private way to resolve a disagreement without going to court. A neutral person called a mediator helps you and the other person talk, find common ground, and reach an agreement.
What you should know
A mediator does not take sides and does not make decisions for you. They do not give legal advice. Their job is to guide the conversation so both sides can speak and listen safely.
You and the other person keep control over the final decision. You only settle the disagreement if both of you agree to the solution.
Mediation usually follows 4 steps:
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Preparation: The mediator meets with each person separately to explain the process and gather basic details.
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Opening: Everyone meets together. Each person explains their side of the story and lists their main concerns.
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Discussion: The mediator helps both sides brainstorm solutions and discuss options. The mediator may also talk to each person in private sessions.
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Agreement: If you reach a solution, the mediator writes down the terms. Both sides sign the document to make it a contract.
Benefits of mediation
Mediation offers several advantages compared to court:
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Saves money on legal and court fees.
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Resolves disputes much faster than court.
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Keeps your personal information private and confidential.
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Helps protect ongoing relationships between family members, neighbors, or business partners.
When mediation may not work
Mediation relies on cooperation. It may not work well if one person refuses to compromise or hides important information.
Mediation is usually not safe or appropriate when there is a history of abuse, violence, or severe power imbalances. One person may feel afraid, intimidated, or forced into an unfair agreement.
Always tell your lawyer or the mediator about any abuse or safety concerns before you start. If a mediator does not screen for safety, you should look for a different mediator.
Common misconceptions
A mediator can give legal advice. Mediators are neutral. They cannot give legal advice or protect your individual legal rights, even if they are a lawyer. You can hire a lawyer to advise you before you sign an agreement.
My lawyer can act as our mediator. Your lawyer represents your interests only. They are not neutral. A lawyer can only mediate your dispute if both sides hire them specifically to act as the neutral mediator.
A mediator can force a decision. Mediators cannot force you to accept a deal. Any agreement you sign becomes a contract between you and the other person.
Where to find a mediator
You can find qualified mediators in Nova Scotia through these resources:
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Search for a dispute resolution professional through adratlantic.ca/
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Find a accredited family mediator through fmc.ca.
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Learn about court programs for family law disputes at nsfamilylaw.ca.
