Mediation Process
What is Mediation?
Mediation is an affordable alternative to the court process for individuals, commercial enterprises or families. Mediation is voluntary and non-adversarial. A trained, impartial mediator assists with discussing, negotiating and resolving a variety of issues arising out of a relationship in an informed, safe and fair way. The mediator is trained to assist you to resolve issues and helps you uncover common goals that can lead to settlement. Decision-making stays with you throughout the mediation process.
Since mediation is voluntary, you are free to start or stop the process at any time. You can try mediation before going to court, or at any time during your court process. In Ontario, family mediation can take place with or without your lawyers being present with you. Similarly you can participate in civil mediation in Ontario and Quebec with or without your lawyers being present (unless pursuant to the mandatory rules in civil matters in Ontario).
A few points...
1) You and the parties will let the mediator know what are the problems that need to be solved and the agenda will be set accordingly.
2) Mediation can take far less time and be less costly than a contested court case. It also allows you to reach a settlement that is tailored to your particular needs.
3) You and the other parties may be very close to reaching an agreement, but simply need to work out a few points, or have your agreement drawn up into a formal written agreement.