Q. What is mediation?
Mediation is a process where 2 or more disputing parties meet in an effort to resolve their differences. Mediation can also be a useful process to help prevent future conflict.
Q. Who is the mediator and what do they do?
The mediator helps the parties communicate with each other and assists in facilitating an equitable solution.
Q. What are the benefits of mediation?
Mediation has many advantages for the parties when compared to other forms of dispute resolution, including:
- Control over the outcome
- Confidentiality
- Cost effectiveness
- Customized, satisfying and lasting solutions
- Increased communication with the other party
- Preservation of the relationship
- Mutual satisfaction = WIN/WIN
- Minimal risk
Q. How successful is mediation?
Research has shown that the success rate of mediation is between 80 and 90%.
Q. Why does mediation work?
Mediation works because:
- It helps parties understand one another
- It allows parties to define the issue(s) and set their own goals
- The mediated resolution is one that will be satisfactory to the parties
Q. Can all types of disputes be mediated?
Mediation has been successful in resolving conflicts that have occurred in the:
- Community
- Workplace
- Family
- Large organizations
- Marketplace
Q. When does mediation work?
Conflict resulting from separation and divorce are, in most cases, especially suited for mediation because:
- When the parties know each other
- the parties would like to preserve their relationship
- the parties are not able to work out a resolution on their own
- the parties would like to avoid a formal proceeding, including its costs, time and adversarial nature
- the parties feel that they are able to express themselves in the presence of each other
- the parties are competent to participate
Q. How long does mediation take?
Depending on the issues that are being discussed, family cases involving separation and divorce can take 4 or more sessions.
Q. Is mediation always appropriate?
Unfortunately, mediation is not suitable for all people and situations. A skilled mediator will be able to assess your situation and determine whether mediation is a suitable method of dispute resolution. If it is determined that mediation is not appropriate, the mediator will be able to suggest alternatives that may be helpful.
Q. Can I terminate the mediation before a resolution is reached?
Yes. In most cases, participation in mediation is voluntary. If one or both parties decide that the process is not working for them, they are free to end the mediation.
Q. Can the mediator terminate the mediation before a resolution is reached?
Yes. If the mediator determines that the process has become unproductive the mediator can end the mediation.
Q. Do I need a lawyer?
Yes. The mediator cannot give legal advice. It is strongly recommended that you obtain legal advice.
Q. Will a mediated resolution be fair?
The parties involved in the dispute work out and must freely agree to the proposed resolution.