Introductions

What is Mediation? How Can I Use It to Resolve My Conflict?

Introductions

Objectives To provide an overview of mediation as one of the options available to resolve conflict To discuss how mediation can help you with your conflict To provide resources and links for your further assistance

What is mediation? The parties meet to discuss and resolve a dispute with the assistance of a neutral third party – the mediator

What types of disputes can be mediated? Almost everything! Civil disputes including: –Neighbours / landlords / tenants –Contracts –Construction –Business –Financial / debt –Housing Family disputes arising out of separation and divorce, including: –Parenting arrangements –Child and spousal support –Property division

What can’t be mediated? Almost anything can be mediated Some matters need process adaptations to suit particular needs including: –Support persons / coaches –Legal counsel –Separate rooms –Counselling –Cultural adaptations –Variations on the traditional interest-based model

Mediation is Adaptable Mediation can be adapted to meet unique needs of the parties: –parties who don’t communicate well –violence, abuse, imbalance of power –complex issues or financial disputes –to obtain the views of children

Mediation vs. Court Process Mediation –Select mediator –Mediation summary –Pre-mediation meetings –Sign Agreement to Mediate –Exchange information –Mediation sessions in private room to talk Court Process – Prepare documents to start the court action – File in court – Wait for and receive reply – Wait for a court date – Applications for urgent relief or production of information

Mediation vs. Court Process (cont’d) Mediation –May include private meetings –Document proposals for agreement –Legal advice –Sign off –Party timetable Court Process – Exchange financial info – Possibly discovery – Trial – open court / witnesses / argument – Receive judgment – Enforce judgment – Court timetable

The Agreement to Mediate An Agreement signed by both parties prior at the outset of the process Emphasizes important issues such as: –Good faith –Full disclosure –Confidentiality –The mediator’s fees and expenses and how they will be paid

Where is the mediation held? Usually the mediation is held in a private room Sometimes the mediator has a special room or boardroom Sometimes an outside neutral space is rented Usually, only the people involved in the conflict and their lawyers, if any, are there with the mediator

Mediation vs Court

Distance Mediation Using technology can increase accessibility Technology includes: –Telephone – –Web-conferencing tools These tools can be used instead of or in conjunction with an in person mediation process

Mediation is not… Counseling / therapy OR A substitute for legal advice

Benefits of Mediation Practical Affordable Confidential Timely Safe Empowering

Benefits of Mediation (cont’d) Considers interests/needs in addition to legal rights Uniquely tailored solutions Preserves relationships Agreements legally binding once signed by both parties

Does mediation work? A high percentage of conflicts that use mediation are resolved Example: In BC motor vehicle personal injury disputes, settlement rates historically have been greater than 80%

Does mediation work? (cont’d) High settlement rates also in family mediation and child protection mediation Research shows: –High satisfaction with the process –Savings of money, time and stress compared to court Benefits are significant even if mediation doesn’t result in a full settlement

How to choose a mediator? You need a mediator: –With whom you are comfortable –In whom you have confidence Do some research Start with Mediate BC’s Online Roster of Family and Civil Mediators - profiles

How to choose a mediator? Contact more than one mediator and ask them: –For resumes and references –To describe their professional background and experience with family mediation –Whether they have a professional code of conduct –What they charge –When they are available to assist you

Why choose a Mediate BC Roster Mediator? Training and experience in mediation Family mediators: Special training to ensure mediation is a safe environment Insurance Commitment to ongoing professional development Must abide by the Standards of Conduct for mediators Note: Mediate BC can assist you in finding a mediator in your area

How to prepare for mediation? Be clear about your own goals and needs Try to assess the other person’s goals and needs Seek legal advice Consult resources on Mediate BC’s website

How to prepare for mediation? Arrange for an interpreter if needed Gather supporting documents Ask questions during the pre-mediation session with your mediator

How much does mediation cost? Each mediator sets his/her own fee Varies depending on: –# of parties –Complexity of issues –Qualifications and experience of mediator –Number of sessions –Whether lawyers are participating Normally, the cost of a successful mediation will be less than the cost of going to court

Other resources and links Mediate BC website: - About Mediation and FAQswww.mediatebc.com Links: –Preparation for mediation: mediation/how-to-prepare-for-family-mediation/ mediation/how-to-prepare-for-family-mediation/ –Distance Mediation Project: Mediation/Mediating-at-a-Distance.aspxhttp:// Mediation/Mediating-at-a-Distance.aspx –Child Protection Mediation: protection-mediation/ protection-mediation/

Other Resources and Links (cont’d) Small Claims Mediation: – Program---Small-Claims.aspxhttp:// Program---Small-Claims.aspx – processes/vancouver/mediationhttp:// processes/vancouver/mediation Ministry of Justice: – –

More information and help: Mediate BC Head Office –General Inquiries –Mediator Roster Program –Public Education –Training & Development Call toll-free: Local:

Questions