MEDIATION
Mediation is a private dispute resolution process in which a neutral third party – such as a Chartered Mediator – facilitates the resolution of a dispute between parties with the goal of settling it outside of court.
Mediators are impartial because they do not have an interest or stake in the outcome of a mediation. A mediator, unlike a lawyer, is not an advocate for one side or the other. As well, a mediator does not provide anyone with legal advice, even if the mediator is also a lawyer or former lawyer. The mediator is being hired to mediate, and not to provide legal services.
Benefits of Mediation
- Control: Parties have an equal say in the process and arrive at a mutually agreeable resolution to their conflict.
- Choice: Disputing parties, and, if applicable, the legal professionals representing them, can choose a mediator that will suit your dispute or has the negotiation skills to resolve the conflict.
- Savings—Cost and Time: Generally, mediation takes less time to complete, allowing for earlier resolution, giving you back the time to get on with your business or life, and saving you money.
- Satisfaction: Having a direct hand in the dispute or problem-solving process is usually more satisfying than having a solution imposed by a third-party like a judge.
- Confidential: Parties may speak more openly in mediation, as it is a more comfortable and constructive process, and mediators and the participants will not disclose any information revealed to persons who are not involved in the mediation.
Note: Mediation services are available to self-represented disputants as well those parties represented by lawyers or paralegals licensed by the Law Society of Ontario.