Introductions
What is Mediation?
And
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:
– Neighbour / neighbour
– 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
– 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 (con’t)
• 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
– E-mail
– 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 (con’t)
• 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? (con’t)
• 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: www.mediatebc.com - About Mediation and
FAQs
• Links:
– Preparation for mediation:
http://www.riverdalemediation.com/mediation/familymediation/how-to-prepare-for-family-mediation/
– Distance Mediation Project: http://www.mediatebc.com/AboutMediation/Mediating-at-a-Distance.aspx
– Child Protection Mediation: http://www.ag.gov.bc.ca/childprotection-mediation/
Other Resources and Links (con’t)
•
Small Claims Mediation:
– http://www.mediatebc.com/Mediation-Services/Court-MediationProgram---Small-Claims.aspx
– http://www.smallclaimsbc.ca/court-processes/vancouver/mediation
•
Ministry of Justice:
– http://www.justicebc.ca/en/fam/help/mediators/index.html
– http://www.ag.gov.bc.ca/dro/mediation-in-bc/index.htm
More information and help:
• Mediate BC Head Office
– General Inquiries
– Mediator Roster Program
– Public Education
– Training & Development
– Family mediation mentoring program
• Call toll-free: 1-888-713-0433
Local: 604-681-6050
Fax: 604-681-6080
Questions