Mediation Explained: What It Is And How It Can Help You
Mediation is a process where parties agree to resolve their disputes without court intervention.
The parties jointly retain the mediator, set out the issues, discuss their interests and desired outcomes. The mediator assists the parties in reaching an agreement that is fair to all parties involved.
The mediation can take place in the presence or the absence of legal counsel. Once the terms of a draft non-binding agreement have been negotiated, the parties may take the proposed terms to their counsel to finalize the agreement.
The mediator does not have the power to make a decision. Furthermore, admissions and statements made in a mediation context must remain confidential (unless the parties agree otherwise).
Mediation is, without a doubt, the wisest method of dispute resolution. By opting for mediation, the parties:
- Save considerable time: Court disputes can take years. Through mediation, disputes are typically resolved within days or weeks;
- Save considerable money: The confrontational and positional nature of the court process translates into large expenses to the parties. This expense is amplified in an economic climate where it may take up to four months to obtain a court date. Moreover, whereas the court process requires each party to retain a lawyer at $250-$400 per hour, in mediation, the parties may equally share the cost of their mediator;
- Have a high degree of control and predictability on the outcome: Where parties negotiate their own settlements, they have a higher degree of control over the outcome of their dispute. Furthermore, each party is more likely to follow through with the provisions of a self-negotiated agreement;
- Preserve the co-parenting relationship: Where the relationship will continue after the dispute, the issues must be resolved amicably. The tone of the resolution process will often dictate the tone of the post-separation relationship.
As a family law lawyer with 18 years of experience, I have successfully dealt with many complicated situations. I strongly believe in helping parties heal conflict through mediation.
Contact me today to schedule a confidential initial consultation: 613.841.9099 or law@monpremier.ca. Services disponibles dans les deux langues officielles.
