Alternative Dispute Resolution and Mediation

Mediation:

is the most popular form of ADR (Alternative Dispute Resolution) process.
Please see ‘What is Alternative Dispute Resolution?’
is a process in which the parties to a dispute or in conflict work together with the assistance of an impartial Mediator to find a mutually agreeable resolution to their differences.
is not a ‘private court', or a process where there is any imposition of a decision by an outside third party.
can be used by any persons, groups or businesses where disputes or conflict between them and another party cannot be resolved by their own negotiation.

How does Mediation work?

A mediation session:

involves a discussion about the dispute or conflict by the parties, as opposed to the formal presentation of witnesses and evidence which takes place in court or in arbitration. The session will normally be attended only by the mediator, the parties, and if the parties wish, by their lawyers or other representatives.
is private and confidential. It is normally held in a private office or meeting room and no public record is made of the proceedings. If no settlement is reached any statements during the mediation are inadmissible as evidence in any subsequent litigation.
typically begins with a joint meeting of the parties, and their lawyers or representatives if in attendance.
the parties may terminate the process at any time

The mediator:

first explains the format and the confidential and non-binding nature of the discussions.
will discuss the binding nature of any agreed upon settlement that the parties may reach.
The parties, and if present, their lawyer(s) or representative(s), will then be asked to make a brief opening statement about the subject in dispute or the conflict.
Following the opening statements;
- the mediator focuses on the parties’ issues and interests which may lie behind the stated positions. This stage of mediation may be done in a joint meeting or the mediator may choose to separate the parties and meet with them in a series of private confidential meetings called caucuses.
- Once the issues and interests have been identified the mediator works with the parties to develop various options for settlement.

Mediation allows the parties to make their own decisions
and reach a settlement that is satisfactory to them.

What are the benefits of Mediation?

Mediation works, it is a successful problem solving process and often ends with an agreement between the parties.
You are in control. Nothing is imposed on you. Because no judge or other third party decides your case it allows you to retain control and to have maximum input into the solution.
Is a voluntary process for both parties and either party can leave the Mediation if they see no benefit to them to proceed. They can then continue with the litigation process if they wish.
Relationships can be preserved in Mediation since it is not an adversarial process. This can be important to businesses, neighborhoods or family situations where there are ongoing relationships to be maintained.
Mediation is generally a timely process which can be completed in a day or less.

Mediation and Litigation

When parties choose mediation they are not limiting their rights to proceed to litigation. The parties in mediation may terminate the process at any time and proceed to litigation in cases where they do not reach a resolution

Simcoe County Dispute Resolution Association
About Us Contact Us Membership What is Alternative Dispute Resolution? What is Mediation? Find a Mediator or an Arbitrator Profiles of Mediators and Arbitrators FAQs Resources and Links Events Back Home	Mediation: is the most popular form of ADR (Alternative Dispute Resolution) process. Please see ‘What is Alternative Dispute Resolution?’ is a process in which the parties to a dispute or in conflict work together with the assistance of an impartial Mediator to find a mutually agreeable resolution to their differences. is not a ‘private court', or a process where there is any imposition of a decision by an outside third party. can be used by any persons, groups or businesses where disputes or conflict between them and another party cannot be resolved by their own negotiation. How does Mediation work? A mediation session: involves a discussion about the dispute or conflict by the parties, as opposed to the formal presentation of witnesses and evidence which takes place in court or in arbitration. The session will normally be attended only by the mediator, the parties, and if the parties wish, by their lawyers or other representatives. is private and confidential. It is normally held in a private office or meeting room and no public record is made of the proceedings. If no settlement is reached any statements during the mediation are inadmissible as evidence in any subsequent litigation. typically begins with a joint meeting of the parties, and their lawyers or representatives if in attendance. the parties may terminate the process at any time The mediator: first explains the format and the confidential and non-binding nature of the discussions. will discuss the binding nature of any agreed upon settlement that the parties may reach. The parties, and if present, their lawyer(s) or representative(s), will then be asked to make a brief opening statement about the subject in dispute or the conflict. Following the opening statements; the mediator focuses on the parties’ issues and interests which may lie behind the stated positions. This stage of mediation may be done in a joint meeting or the mediator may choose to separate the parties and meet with them in a series of private confidential meetings called caucuses. Once the issues and interests have been identified the mediator works with the parties to develop various options for settlement. Mediation allows the parties to make their own decisions and reach a settlement that is satisfactory to them. What are the benefits of Mediation? Mediation works, it is a successful problem solving process and often ends with an agreement between the parties. You are in control. Nothing is imposed on you. Because no judge or other third party decides your case it allows you to retain control and to have maximum input into the solution. Is a voluntary process for both parties and either party can leave the Mediation if they see no benefit to them to proceed. They can then continue with the litigation process if they wish. Relationships can be preserved in Mediation since it is not an adversarial process. This can be important to businesses, neighborhoods or family situations where there are ongoing relationships to be maintained. Mediation is generally a timely process which can be completed in a day or less. Mediation and Litigation When parties choose mediation they are not limiting their rights to proceed to litigation. The parties in mediation may terminate the process at any time and proceed to litigation in cases where they do not reach a resolution Mediator Fees Fees, if any, will vary depending on the mediator and under which program the mediation is being conducted.