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What is Mediation?
Mediation is the process by which an alternative dispute resolution
(ADR) professional, called a mediator, helps the parties reach
a resolution to their dispute.
What type of disputes can be
submitted to mediation?
Almost any type of dispute can benefit by mediation including
contract disputes, workplace disputes, corporate disputes,
claims for injuries (wsib), will and probate and civil rights
issues.
Are mediators like judges?
No, Mediators are a neutral facilitator that do not declare
a winner or a loser, make findings of facts or rule on issues
of the law.
May the mediators force parties
to settle?
No, the parties must decide to settle their dispute and the
mediators must not coerce the parties to reach a settlement.
How long does the mediation
process take?
The length of mediation depends upon the nature and complexity
of the dispute. Most mediations are completed in about 3 hours
or less. Very complex disputes may take more than one day
to mediate.
Do parties directly participate
in the mediation process?
Absolutely! The parties own the issues and are active participants
in all aspects of the mediation process. The parties participate
in both joint session and private caucuses.
What are private caucuses?
Private caucuses are an opportunity for the mediator to meet
privately with each side. It is an opportunity for the party
to speak openly about the issues. These meetings are private
and confidential and are not used in joint session unless
the mediator is authorized to do so by the party.
Will mediators be a witness?
No, as a prerequisite to the proceeding the parties are required
to sign an agreement to mediate, including a confidentiality
agreement.
Does mediation work?
General statistics indicate that 90% of disputes are resolved
by mediation vs. the court system.
What are the advantages of
mediation?
Mediation minimizes cost vs legal fees and court fees, and
avoids delays. It allows the parties to feel like they have
control of their lives. It permits them to be directly involved
in creating a mutually acceptable settlement that the parties
can both live with.
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