You cannot shake hands with a clenched fist

~ Indira Gandhi

Mediation

Mediation is the process where you as the disputing party meet with a neutral third party with the aim of resolving your issue(s) and coming to a common ground. The mediator’s role is to facilitate conversation in a safe space, remaining neutral through the whole process in the aim of allowing you to come to a mutually satisfactory resolution.

 

Do you have a dispute you want to resolve? Are you feeling stuck, unable to communicate what you want? If so, mediation may be right for you.

What Kind of Cases Can Be Mediated?

Mediation can be effective and useful in resolving a variety of disputes, including, but not limited to:

Commercial & Residential Dispute

Personal Injury 

Employment Dispute

Family (Divorce, Child Custody, Arrangement of Care for Elderly Relative)

Disputed Contract

Landlord/Tenant Issue

Human Rights & Discrimination 

Mediation Ethics

 

Self-determination/Voluntariness

The mediation process is completely voluntary and you are encouraged to come up with solutions that are viable for your needs. Free informed choices guide both the mediation process and outcome.

 

Impartiality

The mediator has the responsibility to assist you and cannot favour the interests of any one party over another, or any particular result and in effect should conduct the process free from favouritism, bias or prejudice.

 

Fairness

The mediator is to ensure a level of fairness throughout the mediation process, making sure that no party is taking advantage of another.

 

Safety

The mediator is to provide a safe space for you to discuss your matter openly, free from any real or perceived threats or danger.

 

Confidentiality

The entire mediation process is confidential and at no point will the mediator disclose any information that has been shared during the mediation with any outsiders. Mediators and the material used during mediation will not be disclosed in any subsequent court or contested proceeding.

The Benefits of Mediation

 

Cost Effective

Resolving your dispute through mediation can save a considerable amount of money, when compared to other forms of dispute resolution, like going to Court.

 

Saves Time

Using mediation to resolve your dispute can also save you time. Depending on the type of dispute and whether you have had a long term relationship with the conflicting party, a resolution to the dispute could be reached in one session or several sessions. This is in stark contrast to taking a matter to Court and waiting anywhere from 1 to 5 years for a final decision.

 

Mutually Satisfactory Outcomes & High Rate of Compliance

As you ultimately decide the outcome of the dispute in the course of the mediation, there is a greater likelihood that you will leave feeling a sense of satisfaction that you were able to craft a solution that works for you, rather than having a decision imposed upon you by a third party. This in turn leads to higher rates of compliance.

 

Customized Agreements

You can customize and tailor your agreement to address your special needs taking into account not only things like compensation (including timing of payment and method where applicable), but a whole host of substantive, procedural and at times psychological issues.

 

Greater Degree of Control and Predictability of Outcome

As you agree to meet and discuss your matter in the hopes of reaching an agreement, the end result is completely in your control and therefore there is predictability of what will occur at the end of the session(s). Gains and losses are transparent in contrast to resolving the matter through arbitration or litigation where a third party ultimately decides the outcome and you are unaware of the decision until it is rendered.

 

Personal Empowerment

Negotiating your own settlement will leave you feeling more confident, capable and powerful. Depending on the nature of the dispute, mediation can provide a setting for speaking your truth, sharing your thoughts and feelings and the possibility of transformation.

 

Preservation of Ongoing Relationships

If your dispute involves people who you have an ongoing relationships with (like colleagues or family for example), a mediated settlement can ensure that sensitive information is not made public and that you discuss ways to better interact with the other side in the future.

 

Is Mediation Right for You?

In order to better ascertain whether mediation is right for you, ask yourself the following questions. If you answer “yes” to the following, mediation could be a viable and promising option in resolving your dispute.

 

Are the parties willing to try to work out a solution together?

 

Do the parties feel safe enough with one another to be willing to discuss the issues?

 

Are the parties willing to put aside their own concerns long enough to listen to other parties’ concerns?

 

Costs & Who Pays?

We provide hourly and block fees for all kinds of disputes, ranging from civil matters to family disputes. Both parties share the cost of mediation as the mediator is neutral and works for both parties equally.