Unlike Negotiation, Mediation is facilitated or assisted by a third party (the mediator) who will possess relevant skills and experience, and arrange the process. The mediator will be selected by the parties, and will employ mediative techniques to help the parties find their own solution. If the process works—-and produces a resolve—-there may be no need for court.
More on mediation
The Mediator will often write up the settled terms, or refer the parties to counsel for that purpose. Normally, at the end of a successful mediation, the parties emerge with a signed and binding agreement.
Alternatives to Mediation
Negotiation is usually done informally—at the outset. Anyone who’s dickered over the purchase of a used car, bargained with a demanding teen, or bartered for a raise at work has used “negotiation” as a technique for dispute resolution. Sometimes it’s satisfying and leads to a solution. Sometimes neither result obtains.
Everyone knows this one—-it’s the court process—-with a Judge deciding the case, in “open court”, and then rendering a binding decision. The scheduling for a trial can be tricky (with long waits, and potential adjournments along the way), and there is no control over which Judge will decide the matter. In the event that an unhappy result obtains, an appeal can be launched (if there’s any money or energy remaining).
The Arbitrator is in the position of decision maker (just like a Judge) but, unlike the court process, he or she is selected by the parties, and the process is set to proceed at a place and time agreeable to all. At the end of Arbitration, the decision is made by the arbitrator, (called an “award”) and it is binding.
Connect by telephone 604-496-5096, or you can email David directly at firstname.lastname@example.org. To set up an appointment, contact mediation paralegal, Elaine, at email@example.com.
You can also use the contact form below.