Mediation, Litigation and Dispute Resolution Part Two: FAQ’s
Mediation is a flexible, private and informal process that enables people entangled in disputes to discuss ways to settle their differences. During mediation proceedings, the parties structure and agree to their own tailor-made solutions.
To help you to understand the process better, we have amalgamated a list of frequently asked questions as provided by the Alberta Justice and Solicitor General Website.
Does attending mediation mean I give up my right to go to court?
No. Participating in mediation does not remove any rights you have under the law. In many cases, mediation succeeds in reducing the number of issues in dispute, thereby reducing the scope of the issues which remain to be heard by a court, tribunal or board.
What do mediators do?
The mediator’s role is to guide the parties through a very effective problem-solving process to resolve the issues between them. The mediator’s role also includes:
- Creating a comfortable environment for the discussion
- Helping the parties to define exactly what they are disputing
- Making sure the discussion stays on track
- Assisting the parties to identify and communicate their priorities and concerns
- Supporting the parties in reaching an agreement
Mediators do not take sides, make decisions or suggest solutions. The parties create and agree to their own solution, and nothing is imposed by the mediator.
Mediators are trained and experienced in dispute resolution. They are neutral facilitators who help the parties explore the problem and find new options to resolve the dispute. The mediator does not judge who is right or wrong and does not give legal advice.
When does mediation work best?
Mediation works best when the parties are willing to negotiate, in instances where the parties would prefer to resolve the matter themselves rather someone else resolving it it for them, or where there is an ongoing relationship. Mediation has been used successfully in civil disputes, in divorce situation—including custody and access—and in child-welfare matters.
What if parties don’t reach an agreement?
There are still many benefits to mediation, even when parties do not agree on everything. If parties do not reach a resolution during mediation, depending on the situation, they could:
- Request an additional mediation
- Go to trial
- Have a decision imposed by a judge
How Can KGPC LLP help?
At Law Contractor, we take a fresh approach to litigation and dispute resolution. Whether you’re an individual, a small-business owner or the president of a large corporation, we will work hard to collaborate as a member of your team. Whatever your issues are, we’ll resolve them.
We enjoy solving problems creatively in a timely and cost-effective manner, whether it’s in the courtroom, the boardroom or over the phone. Our goal is to support you so that you can stay focused on your life or business. We offer legal representation and have trial experience at all levels of Court in the Province of Alberta, and we can provide legal assistance with any dispute resolution such as negotiation, mediation and arbitration.
Are you looking for sound legal advice for your organization, business or corporation? Contact KGPC LLP today.