Mediation is a process in which a neutral and independent person, a Mediator, assists two or more persons in settling a dispute by defining and resolving issues of concern to those participants. A mediator does not decide on the solution for the parties - the parties devise their own solution. A party may withdraw from the negotiations at any time.
A mediation is private and confidential. The only persons present are persons agreed to by the parties. The discussions are "off the record" and there are no minutes or transcripts of the meeting. The proceedings are "without prejudice" which means that if the parties are unable to reach an agreement, they can still go to court and have a judge order a result. The mediator cannot generally be forced to attend court as a witness for either party, and testify to matters discussed during the course of a negotiation.
Advantages of Mediation:
- Mediation can be used to settle any type of dispute, before or after a lawsuit is started, and it can occur while a lawsuit is being pursued so you don't have to give up trial priority in order to mediate
- A mediation can be completed quickly - much quicker than court; sessions can be scheduled at an early time, even a weekend or evening, to meet the convenience of the parties
- Because the problem is solved quickly and in an informal atmosphere the parties can get on with their lives, without the stress and strain of lengthy lawsuits
- A mediation is less costly than going to trial, and it usually costs less than the out of pocket expenses associated with a trial, let alone what you would pay your lawyer
- A mediation can take place in an informal setting, for example, the private meeting rooms of TEES KIDDLE SPENCER
Our Mediators will help both parties to:
- Talk to the person on other side
- Facilitate negotiation
- Settle your dispute
If you wish, your lawyer can attend the mediation session with you.
Serial Mediation
Serial Mediation is a form of mediation where the parties employ a Mediator to assist them to resolve all issues between them in a timely, less expensive, equitable and less expensive manner. The mediator meets first with one party then, at a later date, with the other party. The Mediator then meets again with the first party, and so on and so forth. This continues until an agreement is reached or the mediation is terminated. In most cases the parties will not ever be together at the same place or at the same time.
Who is serial mediation for? Those who wish to resolve their issues without the costs, delay and stress of the court process but are not comfortable in meeting face-to-face with the person or persons with whom they need to reach resolution. There are often circumstances where face-to-face mediation is not the optimum way to proceed. These include:
- Where there is a power imbalance between the two parties
- Where, due to one or both of the parties' emotional state, face-to-face mediation would be too difficult or impossible
- Where the parties are not able to converse with each other in a civil, productive manner
What is the benefit of serial mediation? The main benefit is that it allows parties to resolve their issues quickly and economically when face-to-face mediation would be particularly stressful or acrimonious.
What is the cost of serial mediation? Each one hour session costs $275.00 (including taxes). Usually this will be paid for by the person attending that session. The number of sessions will depend on the complexity of the issues and the willingness of the parties to be flexible and work toward a solution that is equitable to all parties.
When you are ready to mediate:
Call us at 250-287-7755 and tell us what type of dispute you wish to mediate. We will set up the mediation. The usual length of time to finish is between 4 to 7 hours for commercial mediation and 2 to 4 two hour sessions for family mediations The cost for family mediation is, all inclusive, $550 per two hour session and a 4 hour commercial mediation, all inclusive, is $1,000. Each Mediation includes, if requested, a "without prejudice" mediation report provided to each participant.
