Mediation

Mediation is a timely and financially effective way for two or more individuals to reach an agreement with the help of a trained, neutral facilitator.  Its working it out with a bit of help.


Whats the difference between mediation and litigation?


A mediator does not work for any one person or group, or give advice as to which choice to make.  Its the people involved who work out a solution that is tailor-made for them.


A lawyer acts for one side only, since a large part of a lawyers job is to give advice about which options are available and the impact each option could have on them, even if the best choice for the client is a bad choice for the other side.  


Because of this advice, the lawyer helps put the agreement together.  On the other hand, the mediator helps the people put the agreement together.


In litigation, the lawyer exercises control over the material tendered as evidence.  In court, the judge has control over the process and total control (within the limits of the law) over the decision.


The mediator controls how the agreement is reached, while the clients control what goes into the agreement and how the agreement will be put into practice.  This makes sense since theyre the ones who are going to be living with the agreement.


Experts and specialists can still be used, but they provide information that you take into mediation.

Your solution, not a lawyers solution.


But Im in a lawsuit, I cant mediate now!!
        

It can be done  - parallel to the lawsuit, or by taking a break to try mediation.  Mediation can take place at any point between your first meeting with a lawyer and the trial.


When there is a lawsuit going on, everyone involved should first agree that the mediation will be without prejudice  (nothing you say can be held against you at trial without your consent).  The agreement should provide that the mediator cannot be called as a witness by either side.


But can I still go to court if mediation does not work?


Yes.  If you dont arrive at an agreement through mediation, the courtroom door is still open.


What can I mediate?
Almost anything.


Heres a very short list of examples:
  • Business and consumer disputes
  • Custody and access, support and property
  • (the divorce judgment itself must still be issued by a court)
  • Contract disputes
  • Personal injury
  • Neighbour disputes
  • Church/congregation issues
  • Disagreements between professionals
  • Parent/child issues


The First Step:   Are You Ready?

Q        Do you want to solve the situation without causing further emotional or financial injury to yourself?  

Q        Do you want to be able to arrive at a fair resolution of the present situation and be able to move forward?  


If youve answered Yes  to these questions, then youre ready for mediation.  


But if you want to go over the past wrongs or dredge up long-standing issues, then youre not yet ready for mediation.  You can certainly start the process, but these old problems will be like a heavy chain around your neck.  It can be done, but it will be harder for
you.


The Second Step:  Make a Commitment to Work It Out


For mediation to work at its best, the people need to be committed to working it out, to talking it out.  While the court process encourages people to take a position and stick with it, the mediation process encourages people to be open to new solutions.  When youre stuck  on a position, its difficult to see other options that may be available or to develop alternatives.


In mediation, you are encouraged to talk things through so that everyone understands what all the concerns are.  Then, you can find the common ground and create a solution especially for the situation.

The Third Step:   Call Today


A journey of a thousand miles begins with one footstep.  


Begin now.  Call (403) 252-4965.  Or contact us by email.