Mediation

Mediation is a method whereby the parties decide to have a neutral and impartial third party help them resolve their conflict.

A mediator helps the parties negotiate a settlement, so that the parties all gain something. In mediation there are no winners or losers; all the parties involved win something and give up something that is of lesser value to them. Mediation is completely voluntary, therefore, if at any moment the parties can decide to end the process.

Mediation takes place in a neutral environment and the parties are usually alone during negotiations with the mediator. However, they can bring their attorneys for counsel, if this is agreed to by all parties. The lawyers' role in a mediation session is different. An attorney does not plead; they are only there to give advice to their respective clients when the client requires it. In any event, the parties are encouraged to seek legal advice before signing any agreement.

Mediation is also completely confidential. Nothing that is said in mediation can be used in Court. This rule was created so that the parties are not discouraged from revealing any information in order to negotiate.

Advantages of mediation

As previously mentioned (see section on Services in Mediation), some of the advantages of mediation are:

1. The parties can find solutions to their conflict together rather than have a judge deciding for them
2. The parties have control over the process, unlike in the court system
3. The parties can save money
4. The process of mediation is less time-consuming than going to court
5. The process of mediation is completely confidential

Me Richard McConomy has been utilizing mediation techniques since 1986. He undertook studies in mediation training at the John Haynes Institute. He has also attended and given over one hundred presentations to various Bar Associations in Canada, the United States, France and Belgium. He has throughout his career assisted in training almost one thousand mediators.