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. For the types of disputes handled by Rose Dispute Resolution, click here.