Mediation

Mediation Definition and Process

The mediator is an impartial and neutral third party who provides a balanced negotiation process. The mediator will not make decisions, take sides or provide counselling or legal advice. There is no solicitor-client privilege between the mediator and the parties. The parties will agree on the issues to be mediated. The mediator may have an intern or observer present. The mediation will be private. Other persons may attend with the consent of all parties, provided they agree to be bound by the confidentiality provisions herein. Mediation is a voluntary process, self-determination, safe, confidential and without prejudice, informed, and focus on interests (not positions).  Any party or the mediator may terminate it at any time.


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Successful mediators are persistent – they hang in there, doing what it takes for as long as it takes to make sure every mediation settles. This tenacity carries over to their career as a whole. Despite setbacks, during lean years, they persevere, doing what they need to do to ensure they stay in the field and enjoy growing success. One of the biggest criticisms I hear is that a mediator gives up soon. Good ones follow up with phone calls, a second session – they hang in there. They have Tenacity (Michael Landrum).



PROCEDURE


  • The mediator will first meet each of us separately (with or without counsel) to assess if the case is appropriate for mediation and to identify the issues, goals and concerns of each of us. This intake meeting, including all information and forms we provide before the intake meeting, is confidential between that party and the mediator, subject to the exceptions above.

  • The mediator may, in his or her discretion, share information obtained during the intake process with our own lawyers.
  • If the parties are qualified for mediation the mediator and the parties will book a date for mediation.
  • The mediation can be done in separate rooms, while the mediator travels back and forth between the parties private rooms (Shuttle Mediation).
  • The mediation can be done in a boardroom with all parties present in the same room.
  • The mediation can also be done virtually by way of zoom.


FEES

For a half day mediation, which includes two intake meetings for 30 minutes each, two hours of mediation and memorandum of understanding is $1000.00 plus H.S.T. 

For a full day mediation, which includes two intake meetings for 30 minutes each, four hours of mediation and memorandum of understanding is $2000.00 plus H.S.T. 

If your mediation requires additional time kindly contact us for a quote. 

For more information kindly contact us for a consultation with a Specialist Family Lawyer.