Ok, I am thinking of mediation, but how does it work? What is the mediation process? Well, usually the process begins with a one-on-one consultation with each disputant to discuss and assess the issues in dispute. Also, the mediator will try to get a better understanding of the dispute and the personalities involved in the dispute. In this preliminary consultation, the mediator may screen for violence or other potential power imbalances. This is especially true for the family mediation process.
Once the preliminary consultations are complete a time will be scheduled to commence the mediation process. The amount of time for the first mediation session will be dependent on the parties and the mediator. Usually two hours is a good amount of time for the initial mediation session. During the first mediation session the mediator will explain the mediation process and go through the mediation agreement, which all parties and the mediator sign. The mediator may discuss some rules that apply to the mediation process and the parties will begin, with the assistance of the mediator, to explore the issues involved in the conflict. The number of mediation sessions involved in the mediation process is dependent on the amount of time parties require to resolve their dispute and the complexity of the dispute. Should a resolution not be forthcoming in the first mediation session then another mediation session will be setup if necessary.
Once a resolution of the conflict has been reached, the mediator, if the mediator is also a lawyer, will draft the agreement reached through the mediation process and provide it to the parties to obtain independent legal advice and to sign. Should the mediator feel that a resolution is not forthcoming in the mediation process then the mediation concludes and the parties are left to resolve their differences through another method, such as court.
This is just a brief outline of the mediation process, if anyone has questions about mediation please feel free to contact me either by telephone at 604-449-7779 or by email through our contact form. I would be more than happy to answer any questions you may have about the mediation process.