Mediation - the 5 W's

The 5 W's

Who is Mediation For?

Mediation is appropriate for anyone in conflict, regardless of the issues in dispute and the level of conflict. We regularly work with parties to resolve issues such as custody, parenting, support, division of assets and liabilities. High conflict couples can also attend mediation but particular safeguards need to be in place for parties with a history of domestic violence so the mediator should be advised of that history in advance.

Mediation is not appropriate for a dispute involving a party that is concealing information.

What Is Mediation?

Mediation is a dispute resolution process in which disputing parties work with an impartial and neutral third party (the mediator) in order to resolve their disagreement.

Where Does Mediation Take Place?

Mediation sessions occur in a boardroom, usually at the office of the mediator. Both parties to the dispute and the mediator attend each session. The parties are free to attend with legal counsel if they wish.

When Should Parties Mediate?

Mediation is appropriate at any stage of a dispute. Attending mediation to resolve your disagreement as soon as possible upon separation can avoid a lengthy and expensive legal battle but attending in the midst of a legal dispute can end the dispute without incurring the additional legal fees associated with trial or a continuing legal battle.

Why Choose Mediation?

There are numerous advantages of achieving a resolution through mediation, including:

  1. A Customized Solution – The ability to be creative and work together to come up with a solution that works best for you instead of being confined by the strict application of the law.
  2. Maintain Control – In mediation the parties themselves maintain control over how their dispute is resolved instead of a result being imposed upon them by a justice in court, or by an arbitrator.
  3. Fast – Mediation provides the ability to resolve a dispute quickly, in a matter of hours or weeks instead of the months and years it takes to get through a court trial.
  4. Affordable - Mediation is vastly less expensive than litigation.
  5. Confidential – Mediation sessions are private. Litigation involves public court appearances and the filing of documentation that is a matter of public record, accessible by anyone.
  6. Promotes Amicability – Mediation involves learning and practicing skills to improve communication and diminish conflict. This promotes the preservation of relationships, which can be invaluable to parties that will be co-parenting for years to come. In stark contrast, litigation is, by its very nature, adversarial. Parties often resort to giving evidence outlining the opposing parties’ negative characteristics and damaging history in order to win. The very nature of traditional litigation divides, polarizes and promotes continued conflict.
  7. Protects Children from Conflict – Mediation promotes effective communication, cooperation and understanding, thereby reducing the conflict between parties and promoting an ability to effectively co-parent into the future.
  8. Consistency – In mediation parties meet with the same professional instead of whatever justice happens to be sitting in court on the various days court applications are scheduled.
  9. Compliance – Resolutions reached by agreement result in high compliance levels because both parties have said yes to the solution.

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