MEDIATION - What Is It? Why Use It?

Breface:

Disputes can take many forms. They may be legal entanglements or more simply disagreements about living arrangements, complaints about service received, security concerns, noisy neighbours etc. None of these disputes are pleasant and all are stressful. They all can and should be dealt with through mediation whenever possible. It's always a happy moment when you can put such a problem behind you!

Mediation is available from many sources in most communities. It does usually come at a cost-the cost of the meditators fee for their time and facilities. However, in London, Ontario free mediation of your dispute is available from The Dispute Resolution Centre (DRC). The Centre is one of the projects facilitated and offered by The Community Legal Services Clinic at Western Law, Western (University) in London, Ontario. The only exclusions are criminal charges and family law issues.

What Is Mediation?

It's fair to ask what mediation is. It is a form of Alternative Dispute Resolution (ADR). Simply put, it is an alternative to the court or tribunal process or other more traditional forms of dispute resolution. The hallmarks of mediation are:

• It's consensual. All the stakeholders to the dispute agree to get together and try to arrive at a resolution;
• It's a level playing field. It provides a neutral setting and a neutral mediator;
• No decision is made. The process does not deal with fault, blame, or right and wrong. The focus is on problem-solving not determining a truth. The goal is an agreement;
• Design your own settlement and terms. This collaborative technique leads to greater adherence and commitment to the promises made;
• The stakeholders are empowered. The parties gain control of the outcome;
• The process is simpler. There is less reliance on evidence or witnesses;
• The discussion is not confined to legal issues only. It is interest focussed not positional focussed. It's a creative process;
• It's confidential and private;
• It's quick and flexible. Mediation can occur at any stage of the process or multiple times if needed;
• No rights are waived;
• It  can have a cost but it can also save costs (free at DRC);
• Settlement achieved 80 % of the time;
• Enforceable as a contract.
• DRC is run by lawyers who train and supervise law students in the art of mediation. The students do the work and act as the mediators. This should be seen as an advantage. The students are keen, extremely hard working, conscientious and determined to solve your problem. Pretty good bang for the buck!

• However, if you have a complex, difficult and monetarily large dispute you are best off with a lawyer to represent you and to seek their help in selecting a professional mediator and to guide you through the mediation.

Information made available on Gestalt Legal in any form is for information purposes only. It is not, and should not, be taken as legal advice. You should not rely on, or take, or fail to take, any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Every legal problem is fact and jurisdiction-specific and should be discussed with your legal or paralegal advisor as soon as possible. If you cannot afford such advice various free legal clinics exist assuming you qualify financially.