Mediation
Mediation is a process
where an impartial third party helps two or more parties discuss a
dispute and work toward a solution that is acceptable to all parties.
Participation is voluntary. Unlike a judge or arbitrator, the mediator
does not decide the outcome of the dispute. Mediated agreements tend to
succeed because they result from a process that allows parties to create
their own solutions.
Why is it used and when?
Mediation works in situations where the parties are willing to participate in discussions aimed at resolving the dispute. It is particularly valuable when there is an on-going relationship among or between the parties.
Mediation can be used in many areas:
Commercial
Resolving debtor/creditor problems, partnership or company disputes, contract disputes, wrongful dismissal or other civil matters.Family
Resolving issues of financial support for a spouse or children, parenting plans, division of matrimonial property and disputes regarding estates.Organizational
Planning or intervening in labor/management collective bargaining, resolving workplace conflict and harassment or grievance disputes.Victim/Offender
Working out agreements that satisfy the victim while meeting the needs of the offender.Public Policy/Environmental
Resolving expropriation and other land use disputes and issues regarding the development or implementation of public policy.Community
Resolving neighbourhood disputes, zoning conflicts and community development issues.School
Resolving teacher/student, teacher/parent and student/student disputes.Cross-Cultural
Resolving conflicts between or among participants from different cultures.
Is mediation the right process for me?
Mediation is not appropriate for every person or situation. Mediated agreements tend to result from meetings where participants are willing to express themselves while demonstrating respect for the other party. A skilled mediator can help parties assess their situation to determine if the mediation process would be an appropriate way to resolve the dispute.