FAQ’s

When a dispute is discussed in mediation without blame and hostility, both parties are more likely to understand and respond in a positive way. Mediation avoids the embarrassment, cost, and time of the court system, providing you with the opportunity to formulate your own agreement rather than having a decision rendered by a judge or jury. If no agreement is reached, you can certainly proceed with legal action if you choose.

Conflict in many different situations can be managed through mediation. A neutral third party can help resolve issues between neighbours, landlords and tenants, consumers and merchants, organizations, businesses, co-workers, family and others. We are available to address any dispute that could conceivably be resolved through guided discussion, as long as both parties are genuinely interested in finding a resolution to the problem and are capable of making decisions for themselves.

They serve as impartial third parties who believe in the power of collaborative negotiation to resolve conflict. Mediators do not serve as judge or jury, nor do they seek to determine right and wrong or place blame. Mediators do not impose a decision, like a judge or arbitrator, nor do they give legal or professional advice. Rather, they facilitate dialogue by helping people explain their viewpoint, clarify issues, identify underlying concerns, explore possible solutions, and, where possible, reach a mutually acceptable agreement.

A mediation begins by welcoming and introducing all participants, followed by an opening statement from the mediator. Each party will get uninterrupted time to describe the conflict from their perspective while the mediator and other party listen. The mediator asks clarifying questions along the way, which often reveals important information that may not have been known or understood before by the other party. At times, the mediator will ask for a private meeting or “caucus” with one disputant in order to allow them to express their thoughts more freely or to explore possible solutions with them privately. Either party can ask to caucus privately with the mediator at any time during the session.

In the final stage of the mediation, potential solutions are discussed. The mediators have no intent or role in determining the outcome. Their only interest is to help negotiate agreements that are satisfactory to both parties. If the parties agree on steps to take, their decisions are written into an agreement that spells out what will be done. That agreement is signed, and copies are given to all participants.

Mediation agreements include realistic steps that both parties are willing and able to carry out. Our experience is that mediation agreements usually hold up because both parties agreed to their terms. However, the parties can anticipate what the consequences will be if the agreed-upon actions are not taken and include in the agreement future steps that they will take if the agreement is not upheld. If the parties wish, the written agreement may be considered binding in the same way a written contract is binding. To do so, it must contain a clear statement that each disputant: 1) wants the agreement to be binding and 2) understands that the agreement is admissible in court should enforcement become necessary. Mediation agreements do not imply other means of enforcement, such as intervention by police. If an agreement breaks down at any time, the parties can always return for further help, or seek alternate means for resolving their dispute.

Yes. For the parties to feel free to discuss the issues openly, everyone present signs a confidentiality agreement before the mediation session begins. Confidentiality means information revealed in the session will be kept private and not shared with others outside the mediation or in any future legal case.

Mediation sessions are scheduled for three hours. Prior to the mediation, case development takes place where the mediator meets with each party separately to gain a clear understanding of their perspective, the issues and their desired outcome. Once the mediator has met with each party it is then determined whether mediation is appropriate. If so, a mediation date is organized. Although many sessions do not take the full three hours, the parties are expected to set aside that amount of time. Occasionally, a second mediation session is required, which can be scheduled at the end of the session, if both parties agree.