Question & Answer

Answer:
 

Interest-based Mediation

I structure a process to assist  the parties in reaching a mutually agreeable resolution. Parties jointly identify, articulate, address, meet, and satisfy their individual and joint needs and interests. The goal is the development of a customized integrative solution in which all parties' needs and interests are addressed and met to the greatest extent possible, rather than a victory of one party at the expense of another or compromise, as is commonly the case in positional negotiations. This process is similar to two people working together on a puzzle. The parties sit side by side and attempt to develop a mutually acceptable picture or settlement. I ask questions; validates parties' points of view; search for  interests underneath the positions taken by parties; and assist the  parties in finding and analyzing options for resolution. Parties develop ways to jointly identify, articulate, address, meet, and satisfy their individual and joint needs and interests. The goal is the development of a customized integrative solution in which all parties' needs and interests are addressed and met to the greatest extent possible, rather than a victory of one party at he expense of another or a compromise, as is commonly the case in positional negotiations. 

Facilitative Mediation

One of the key factors in mediation models is the notion of decision making. In facilitative mediation, any decision making is left to those involved, I as the mediator have no decision-making authority. This enables the parties to reach an outcome that meets their needs and goals. This is based on the belief that the people involved in the situation have the best understanding of what they need for themselves and from each other.

Facilitative mediation helps parties in a conflict make their own decisions, in the belief that such decision will have the best fit and therefore be highly sustainable. I will offer a structured process for the parties to make best use of in seeking mutually satisfactory solutions. The process consists of private, individual session first before being brought together for a joint session.

This approach is ideally suited to relationship situations such as conflicts in the workplace, community, within families or with clients through complaints resolution where a win-win solution is needed in order to maintain and strengthen relationships.

Evaluative Mediation

Evaluative mediators are usually legal practitioners, such as myself. I’m licensed by the Law Society of Upper Canada as a Licensed Paralegal. I can in cases assist with often with a particular area of law relevant to the conflict.

I will provide the parties with an evaluation of the strengths and weaknesses of their case with respect to their legal positions. If asked to do so, I may also advise as to a likely outcome at court. I may also offer direction towards settlement options. There is a strong drive towards equitable settlement as an efficient and economical alternative to legal measures.

The process consists of opening statements in a joint session and then parties are separated for the day and the majority of work is done in side meetings. This approach is suited to business and contract disputes where there is no ongoing relationship and a compromise is sought. This approach is not suited to relationship issues such as workplace, community and complaints resolution where face to face communication is required and compromise is a limiting goal.

On a subtler end of the spectrum, in which I might ask probing questions designed to provide “Reality Testing” if the parties seem to be unduly optimistic about their likely outcome in court. I will assist the parties to generate options and formulate proposals.

Restorative Mediation

I bring people who have been harmed, and parties who have been charged together in a safe, structured situation where they can talk and listen to each other with the goal of building understanding and finding a resolution to the crime. The victim and offender begin to resolve the conflict and to construct their own approach to achieving justice in the face of their crime.

Both are given the opportunity to express their feelings and perceptions of the offence. This often dismisses misunderstandings they may have had of one another before entering mediation.

Ultimately, the mediation gives those who have been harmed an opportunity to let the person responsible know how the crime has affected their lives and get answers to lingering questions. It helps the person charged to take responsibility for the harm they caused and make amends. The meetings conclude with an attempt to reach agreement on steps the offender will take to repair the harm suffered by the victim and in other ways to “make things right”. 

Narrative Mediation

Narrative mediation takes a very different stance to conflict. Focusing less on negotiation and more on how people make sense of the world. By telling stories of events and by giving meaning to these events people construct their own reality. People in conflict will tell conflict stories that help them make sense of the situation, the other person and themselves. Conflict stories can be limiting and paralyzing. Narrative mediators believe that for every conflict story there is an alternative story that can make co-operation and trust more available. Narrative mediators help parties rewrite new and more constructive stories.

Answer:  

In some situations, mediation may be preferable to filing a lawsuit.   

Mediation often leads to resolutions that are tailored to the needs of all parties. Generally, the best solution to a problem is one worked out by the parties themselves.

Many people find mediation more satisfying than a trial because they play an active role in resolving their dispute, rather than having a solution determined by a judge.

The mediation process is informal and completely confidential. Parties in mediation may speak more openly than in court. Many people find mediation a more comfortable and constructive process than a trial.

In situations where the parties have an ongoing relationship, mediation is particularly helpful because it promotes cooperative problem-solving and improved communications.

Confidentiality:    

While court hearings are public, mediation remains strictly confidential. No one but the parties to the dispute and the mediator or mediators know what happened. Confidentiality in mediation has such importance that in most cases the legal system cannot force a mediator to testify in court as to the content or progress of mediation. Many mediators destroy their notes taken during a mediation once that mediation has finished. The only exceptions to such strict confidentiality usually involve child abuse or actual or threatened criminal acts.There are a few exceptions, but what the parties say during mediation  is confidential and not subject to the future use in a lawsuit. Court  cases, on the other hand, are matters of public record.

Costs:

Are less than a lawsuit. Mediation cases cost substantially less than court costs and attorney fees.

Faster resolution than going to court. Lawsuits may take years to result in a court ruling, but mediation can take as little as a few hours or a few sessions.

The Parties decide:

The parties in mediation, not a judge or jury, decide on the resolution. Mediation increases the control the parties have over the resolution.

The Parties communicate directly. Rather than communicating through lawyers, the parties speak directly to each other.   

In a court case, the parties obtain a resolution, but control resides with the judge or jury. Often, a judge or jury cannot legally provide solutions that emerge in mediation. Thus, mediation is more likely to produce a result that is mutually agreeable for the parties.

Compliance:

Because the result is attained by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high. This further reduces costs, because the parties do not have to employ an attorney to force compliance with the agreement. The mediated agreement is, however, fully enforceable in a court of law.

Mutuality:

Parties to a mediation are typically ready to work mutually toward a resolution. In most circumstances the mere fact that parties are willing to mediate means that they are ready to “move” their position. The parties thus are more amenable to understanding the other party’s side and work on underlying issues to the dispute. This has the added benefit of often preserving the relationship the parties had before the dispute.

Support:

Mediators are trained in working with difficult situations. The mediator acts as a neutral facilitator and guides the parties through the process. The mediator helps the parties think “outside of the box” for possible solutions to the dispute, broadening the range of possible solutions.