HAT IS MEDIATION?
Mediation is a process facilitated by a neutral mediator when two or more parties are not in agreement on one or more issues. The mediator does not make decisions for the parties but provides a structure so that conflict can be reduced or resolved. Mediation explores common ground and helps the parties find an agreeable solution.
AMILY MEDIATION
The court process for your family dispute is expensive, time consuming, slow, and not private. Mediation can lead to resolution faster and at far less cost than litigation.
In mediation, each person gets to tell their side of the story. Differences are discussed in ways that demonstrate respect and ultimately better understanding of the issues.
Mediation makes sense, especially where there is a sincere interest on both sides in reaching a reasonable and fair outcome.
MEDIATION IS:
Confidential
There are no court files, no affidavits and no record of what is said other than the notes taken to create the Memorandum of Understanding (MOU), provided at the end to each Party. Only the Parties who need or want to resolve the dispute attend mediation. If the Parties have a lawyer, they are welcome to attend. Remember, the Courts are open to the public except in very rare circumstances and the Court decisions, generally, are available online for the public to read.
Costs Less Than Court
Mediation can help reduce your legal costs by resolving the issues outside of Court. Mediation costs less than litigation. As well, mediation is efficient because communication happens directly between the Parties - the Parties are in control of the scheduling and timing, not the Court. You will be asked to obtain independent legal advice prior to the final Memorandum of Understanding (MOU). The MOU is turned into the Separation Agreement.
Quicker Than Court
Pre-mediation sessions may start within one week of the phone call and the mediation session normally a few weeks later. A mediation session typically lasts between 2 and 3 hours and sometimes longer. Another session may be scheduled if more time is needed. This depends on the number and complexity of issues.
Addresses All Issues
In mediation, people try to resolve matters they feel are important to them, not only the issues the judge would decide on.
High Success Rate
People who settle their issues through mediation often experience less bitterness and animosity when it is over because they felt heard during the process. A survey of Mediate BC Mediators in 2015 concluded that 76% of family mediations resolve ALL issues, while 17% of the cases resolve some of the issues. Either way, there is less to fight about in court, if that is the next option.
Not Like Court
The process allows the parties to discuss sensitive or difficult issues with one another in the presence of a qualified and trained professional Mediator, in order to reach agreement.
WHAT IS A MEDIATOR?
- A mediator is a person who is specially trained to help people resolve conflict.
- A mediator does not impose solutions on people, but helps them find their own solutions to their problems.
- A mediator may provide legal information but does not give legal advice.
