Mediation

What is Mediation?
Mediation is a dispute resolution process where those involved – the mediator and the parties to a dispute – meet in a confidential, comfortable setting to explore interests important to everyone, and to resolve their issues.

The Mediators Role
The mediator is a neutral facilitator.  The mediator does not define or make a final decision for the parties, but helps them negotiate a creative outcome that acknowledges the needs of everyone involved.

Unlike the court process, where one party wins and the other loses, mediation can offer a result that acknowledges the interests of all the parties. It also allows for a faster, less expensive resolution of a conflict.

Benefits of Choosing Mediation

• Cost— The mediation process is often much quicker than litigation, resulting in much lower legal fees for all involved parties. 
• Confidentiality— Unlike public court hearings, mediation proceedings remain strictly confidential
• Control—A mediation can focus on a solution that is mutually agreed upon by the parties. In a court case, control resides with the judge
• Compliance—Because the Solution is agreed on by all the parties working together, compliance tends to be higher.   If there is an issue with compliance, mediated agreements are fully enforceable in a court of law.
• Amicable—Parties that are open to mediation are typically ready to work together toward a solution.  The mediation process often helps to preserve the relationship that the parties had prior to the legal dispute.
• Expertise —Mediators are trained and experienced in working with different personality types and difficult situations. The mediator is a neutral facilitator and guides the parties through the process. The mediator helps the parties explore alternatives for a possible solution to the dispute, broadening the range of possibilities and increasing the chances of an agreement.

Frequently Asked Questions
Q. Where would my mediation be held?
A. Ron's office has a suite of offices designed for mediation. Facilities include a mediation room and a break out room. Coffee and condiments are supplied.  Mediations can also be conducted in the law office of either of the party’s lawyer.

Q. What is the typical cost of a one-day mediation?
A. Mediations are billed on an hourly basis at a four-hour minimum. The typical cost for a day is in the range of $1,500.00 to $2,000.00. This includes facilities and coffee.

Q. What happens when a mediation is completed?
A. Typically, the parties are sent a letter outlining the agreements they reached at the mediation, subject to the advice of their legal counsel. The lawyers draft an agreement based on that letter.

Q. Who pays for the cost of a mediation?
A. The parties usually share the cost.

Q. Can I compel the other side of my dispute to mediate?
A. Under the Notice to Mediate provisions, in most civil matters, one or the other of the parties can serve the other side with a Notice to Mediate - and the other side is required to mediate. There are provisions for the appointment of a mediator under the Notice to Mediate regulations.

Q. Where can I find out more about mediation?
A. The BC Mediator Roster Society has a website at www.mediatebc.com. The BC Arbitration and Mediation Institute has a website at www.amibc.org. For more information, please visit the Links post on the blog.