What is Mediation?
MEDIATION is a private, informal dispute resolution process in which an impartial third person, a mediator, helps people to have difficult conversations and reach a mutual agreement on future plans of action.
It is a non-confrontational alternative which is less expensive and less time consuming than court action. The mediator helps the parties to communicate and understand other points of view. The parties work together toward their own unique outcome. The mediator has no power to impose a decision and does not gain from the mediated outcome.
Mediation helps parties work out their differences and keeps personal or business relationships intact. Mediation does not replace the need for other professional consultations with lawyers, accountants, therapists, counsellors or doctors.
How does Mediation work?
For mediation to be workable, the parties must want to resolve their differences and must agree to participate in good faith. Once contacted, the mediator in consultation with the parties, sets a date, time and venue for the Mediation.
In the mediation, the mediator:
- acts as an impartial facilitator
- controls the process
- creates a safe environment for open and respectful discussion
- ensures each party shares his/her personal perspective
- helps the parties explore and understand what is important
- helps the parties develop options, alternatives and make informed decisions
- works toward a practical and mutually acceptable outcome
- records the agreement or plan of action in writing
An agreement reached between the parties at mediation is not legally binding yet, is generally viewed favourably by the courts.
Should no agreement be reached in mediation, the parties may pursue other dispute resolution processes.
Mediated agreements tend to be durable and sustainable as they result from parties creating their own solutions.
How much does Mediation cost?
Mediation usually costs significantly less than other processes, including going to court. Time delays, emotional stress and damage to business and working relationships may also be costly. Mediation works best when the parties want resolution quickly.
Mediation fees are generally based on an hourly rate. The mediation costs are most often shared equally by the parties. Fees may vary depending on the type of mediation, travel costs, additional disbursements and administrative costs.
If you are in dispute with other parties and everyone wants:
– a common sense solution
– a private and confidential process
– a cost-effective means of resolution
– a flexible process where you each have control of the outcome
– an ongoing personal or business relationship with each other
then call MEDIATION PLUS at 780.414.1360 to book your mediation.
How to Ensure a Successful Mediation
- Bring up and discuss your issues and concerns. Think about what is really important to you and decide what are your priorities.
- Show respect to the other party(ies); listen, don’t interrupt, don’t blame, don’t use put downs or name-call; no threats and no ultimatums.
- Be honourable, say what you mean and mean what you say.
- Focus on the future. Don’t get stuck on what went wrong in the past.
- Be open to options that meet the other party’s needs too.
- Consider many possibilities for resolution. Be creative. Think about which solutions you are able to “live with”.