- What are the main advantages of mediation?
- Is mediation appropriate for my dispute?
- How much will the mediation cost?
- How long will the mediation take?
- Where will the mediation be conducted?
- Who should attend the mediation?
- What happens during a mediation?
- What does a mediator do?
- What happens if a party is not satisfied with the mediation process?
- What happens if the dispute is not settled at the mediation?
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What are the Main Advantages of Mediation?
- Privacy - Mediation takes place in private and the details of the dispute and its resolution remain confidential.
- Control - Each of the parties maintains control of the dispute and its resolution because, unlike the court system, the parties design the settlement and agree to it only if the settlement is acceptable to all parties.
- Cost - Time and money can be saved, and emotional stress can be reduced through the early resolution of a dispute.
- Speed - Mediation can be arranged in a relatively short period of time.
- Informal atmosphere - The informal setting and atmosphere of mediation helps to facilitate productive communication between the parties.
- Problem-solving focus - A party may feel that there is no point in trying mediation, especially if he or she has already tried to resolve the dispute, and was unsuccessful. However, having a discussion about the dispute in the presence of a neutral third party - who can structure the discussion and identify the fundamental issues requiring resolution - can be the important first step in creating an atmosphere where settlement of the dispute is a possibility, and the parties can focus their attention on solving their problems rather than defending their positions.
- Preserving relationships - In many disputes, the parties must continue to deal with each other after the dispute is resolved. Mediation can help prevent the deterioration of the relationship between parties involved in the dispute.
- Flexible Settlement Agreements - Mediated solutions are not restricted to money settlements: they can include any type of solution which is of value to the parties. Letters of reference or of apology are an example of this; each dispute can have its own unique creative solution options.
- Durable Settlement Agreements - Parties to a mediated solution are more likely to abide by the terms of their settlement agreement because they have taken an active part in making the agreement.
*******************************************************************************Is Mediation Appropriate for My Dispute?
Mediation can be used for most kinds of disputes, including disagreements involving contracts, debts, wills and estates, commercial disputes, wrongful dismissal, real estate and construction disputes, and personal injury claims. Since it is often difficult to categorize a dispute, it is useful to look at the circumstances to determine whether mediation can help.
Mediation is particularly appropriate for a dispute when:
- the dispute has a strong emotional element
- the parties are at least willing to meet and attempt to settle the dispute (they need not feel that resolution is likely) - even if a physical meeting is impossible, teleconferencing and other remote options may make mediation possible
- the parties want a flexible and informal process
- ignoring the dispute is not in the best interest of either party
- the parties have an interest in preserving an ongoing relationship after the dispute is resolved
- a creative resolution crafted by the parties could be of greater value to the parties than a resolution imposed by a judge
- the dispute must be resolved quickly
- the parties prefer to have the dispute resolved in private
- the parties do not have the financial means to access the court system, or it would be financially impracticable for the parties to use the court system to resolve the dispute
Mediation is not appropriate for some disputes, especially when there is fear of violence between any of the parties.
Mediation is most likely not appropriate when:
- a party is challenging the validity of a law
- parties not directly involved in the dispute may be unreasonably affected by the outcome of a mediation and cannot be included in the mediation for some reason
- one or more parties feel frightened, coerced, or too emotional to address the issues
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How much will the Mediation cost?
Each party will be required to pay our standard $25 administrative fee for a mediation session. That administrative fee may be refunded to a party after the conclusion of the session depending on the financial resources and needs of the party. Hourly fees are based upon family income and range from $0 - $50 per hour for each person.
*******************************************************************************How long will the Mediation take?
We will schedule a two-hour time period for most mediation sessions, although some sessions may actually take more or less time. Depending on the nature of the dispute, some mediations will be scheduled for one two-hour session, while others will require scheduling of two or more two-hour sessions. The CoRe clinician supervising your mediation can advise you on the likely duration of any specific mediation.
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Where will the Mediation be conducted?
The mediation sessions will normally be conducted at the main UBC campus, the Robson Square UBC campus downtown, or at a community centre. Special arrangements can be made in circumstances where these locations are not suitable for specific parties or disputes.
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Who should attend the Mediation?
All of the parties involved in the dispute and the two mediators must attend the mediation. If a party involved in the dispute is an incorporated company, a representative of the company having the authority to settle the dispute on behalf of the company must attend the mediation.
You may want to have one or more of the following people attend the mediation as well:
- legal counsel
- a friend or family member to provide support
- an interpreter, if language difficulties are anticipated
You may consult with your CoRe clinician regarding the need for people other than the disputing parties to attend the mediation.
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What Happens during a Mediation?
Everyone involved in the dispute meets together with the two mediators
The mediation process generally follows this pattern:
- the mediator makes a short opening statement explaining the process, establishing the ground rules for conduct, and reviewing the agreement to mediate
- the mediator asks each party to outline the dispute from his or her perspective, and explain the issues that he or she wants resolved
- the mediator works with the parties and helps them to identify clearly and concisely the issues that are in dispute and need to be resolved
- the mediator helps the parties identify and assess options for resolving the issues in dispute which address the interests and needs of the parties
- during the mediation, the mediator may meet separately with each party for a private discussion about the dispute
- if the parties reach a settlement on some or all of the issues in dispute, the parties will likely sign a settlement agreement which the mediator will assist them to prepare at the mediation. If the lawyers for the represented parties do not attend the mediation, or if the parties desire legal advice on any of the terms of the agreement reached at the mediation, the mediator may instead assist the parties to draft a memorandum of agreement for review and final drafting by their lawyers.
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A mediator is specially trained to help parties involved in a dispute to reach a resolution of the dispute which is acceptable to all parties. The mediator's role at the mediation is to ensure that the discussion remains focussed, organized, and respectful. The mediator does not make decisions about the dispute, or impose a resolution of the dispute on the parties, and he or she does not give legal advice or opinions about the matters that are in dispute and need to be resolved. In a mediation, the mediator will:
- establish and enforce ground rules for respectful conduct
- structure and manage the discussion
- identify the fundamental issues that need to be resolved
- help the parties generate options to resolve those issues
- ensure communication between the parties is productive and that the discussion is focused
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What Happens if a Party is not Satisfied with the Mediation Process?
Mediation is a voluntary process, and consequently no party is ever forced to agree to anything in a mediation, and any party can end the mediation at any time.
*******************************************************************************What Happens if the Dispute is not Settled at the Mediation?
If the parties do not reach a settlement of the dispute at the mediation, or if they reach a settlement on some, but not all, of the issues in dispute, they are free to use the court process to resolve the dispute, or the remaining issues in dispute. They may also choose any other dispute resolution method which they consider suitable.
The mediation process can be of benefit to the parties even when they do not reach a settlement of the dispute at the mediation, as the parties may still settle the dispute before the trial begins as a result of having clarified issues requiring resolution and identified the need for information exchange through their participation in the mediation. The mediation process is likely to be of benefit to the parties when some, but not all, of the issues in dispute are resolved at the mediation, as the court process for resolution of the remaining issues in dispute is likely to be more focused, possibly shorter and therefore less costly to the parties.
