Mediation is a cooperative problem solving process where an impartial, neutral third party assists the parties in dispute to identify the issues that need to be resolved and to develop and consider the options, ultimately resulting in a detailed agreement.
The mediator facilitates the negotiations (remaining impartial), builds consensus, and manages power imbalances between the parties. The mediator helps the parties prepare for mediation and consider various settlement options. The mediator then records agreements.
Mediation meetings can take a variety of forms.
Often, civil mediations are held jointly with all the participants and their advisors present. It is often the first time that they are in the same place at the same time ready to discuss their dispute. Separate meetings may also occur between the mediator and individual disputants, lawyers, and other participants, before or during the mediation.
In family and child protection meetings, the mediator will meet with each of the parties separately before the mediation for a pre mediation orientation.
Factors that influence the amount of time needed to mediate include the level of trust, the context of the dispute, the number of and complexity of each issue.
Mediation meetings usually last for at least a half day, but they can require an entire day or several days; sometimes the process can take between 3 to 5 sessions of 2-hour mediations.
Some disputes can be resolved at one joint mediation meeting, but the length and number of mediation meetings varies from dispute to dispute.
Whoever needs to be present to reach an agreement should attend the joint mediation meeting. Those who need to be present are the disputants, who are often accompanied by their legal advisors.
The direct costs of mediation are the mediator’s time, disbursements such as room rental, photocopying, long-distance charges, refreshments, and GST. Contact Shelina to discuss hourly and daily rates.
If there is an issue that requires co-mediation, Shelina can accommodate the requirement. She is well connected in the community and will be able to work with the parties, co-mediators, and lawyers.
