Mediation in the Courts
SERVICE AREAS
Q: What is mediation?
A: Mediation is a type of ADR also known as alternative dispute resolution. Mediation is an informal and completely confidential way for people involved in a dispute or a civil lawsuit to reach an agreement without going to court.
A civil lawsuit is between individuals and/or corporations. It can address disputes about terms of contracts or claims for:
Shevas Legal Services has a certificate in Mediation. Mediation is a very positive way to deal with disputes in a timely manner when both parties are willing to compromise and be mature adults.
- injury to a person
- damage to their property
- harm to their reputation
In mediation, a neutral third party, known as a mediator, helps the disputing parties communicate with each other and find a solution that works for everyone. The purpose of mediation is not to determine who wins and loses, but to try and resolve the dispute in a non-confrontational way and avoid the risks and costs of going to trial. In situations where the people (called the parties) involved in the lawsuit have an ongoing relationship, mediation is helpful because it encourages problem-solving and improved communications.
Mediators are not judges and they do not:
- take sides
- make decisions
- impose settlements
- give legal advice
Ontario Mandatory Mediation Program
The Ontario Mandatory Mediation Program is designed to help people settle their cases early in the legal process to save time and money. The Mandatory Mediation Program applies in Toronto, Ottawa and Windsor. In these areas or jurisdictions, certain civil lawsuits under The Rules of Civil Procedure must go to mandatory mediation.
Mediators are not required to he accredited unlike lawyers and paralegals. However practising without it would be difficult, unlikely and probably not very successful.
Mediation is more likely than trial of making all parties happy. If you are looking for more assistance, either through Mediation or representation during mediation, I would be happy to help. While I am not a member of ADR I did take several private courses.