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 which is fair to all parties involved.
The mediation can take place in the presence, or in the absence of legal counsel. My preference, as a mediator, is to conduct mediations without counsel. Once a draft non-binding agreement has been negotiated, the parties may take the draft agreement to their counsel for independent legal advice.
The mediator does not have the power to make a decision. Furthermore, the admissions and statements made in the context of a mediation 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 (4) 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;
- 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 to continue after the dispute, it is crucial that the issues be resolved in an amicable way. The tone of the resolution process will often dictate the tone of the post-separation relationship.
As a family law lawyer with 14 years of experience, I have successfully dealt with a myriad of complicated situations. I strongly believe in helping parties heal conflict through mediation.
I am a member in good standing with the Alternate Dispute Resolution Institute of Canada (ADRIC) and of Ontario (ADRIO). I am also an associate member of the Ontario Association of Family Mediation (OAFM).
Please feel free to contact me at 613.841.9099 or firstname.lastname@example.org to obtain a free initial consultation. Services disponibles dans les deux langues officielles.