MEDIATION SERVICES
Tarunjeet Gujral is a trained and qualified mediator. With 28 years of combined experience in litigation and Alternative Dispute Resolution, he can see disputes from all angles. Tarunjeet’s mediation practice primarily focuses on civil and commercial matters. Being proficient in English, Punjabi, and Hindi, he can offer mediation services in Punjabi and Hindi in addition to English. He offers his services as a counsel or mediator. He is passionate about social justice, equity, advocacy, access to justice, and peacebuilding. He is a member of the Alternative Dispute Resolution Institute of Ontario (ADRIO) as well as the Alternative Dispute Resolution Institute of Canada (ADRIC).
THE ROLE OF A MEDIATOR
Mediation is a process for resolving disputes with the assistance of a neutral third party, known as a mediator. A qualified/accredited mediator helps guide the parties in conflict toward a resolution or agreement that addresses each side’s unique needs. This method aims to reduce conflict and delays while being more affordable than other dispute resolution options. The mediator’s role is to facilitate conversations, negotiations, and decisions between the disputants and will attempt to help settle some or all the outstanding issues.
WHAT IS MEDIATION
Mediation is a confidential and non-adversarial process intended to help disputing parties reach settlements on all issues relating to their dispute. This is a voluntary process. It can often be the preferred choice for parties wishing to avoid the time-consuming, financial, and stressful litigation process. Professional mediators provide a safe space for discussing disputes and facilitating productive conversations ensuring that both parties are heard, understood, and respected. The approach used by Tarunjeet has successfully assisted those in conflict in reaching mutually acceptable agreements, empowering individuals to take control of their futures rather than depending on a third party or judge.
Mediators are not judges; they do not take sides, make decisions, impose settlements, or give legal advice.
TYPES OF MEDIATION
Closed Mediation: Closed Mediation is confidential and only discloses what the parties agree upon to the court or arbitration proceedings. The mediator compiles a “mediation report” that details only the outcomes of the issues that have been resolved. This report is not signed by the parties involved. Parties discuss what will be done with the mediation report, including making it into a court order or agreement.
Open Mediation: In open mediation, the mediation process will not be private if you go to court. You, the other person and the mediator will be able to discuss what happened during the mediation. The mediator may provide a report to the court that summarizes the resolved issues and outlines the outstanding issues. All documents can be shared.
WHEN TO START AND HOW
Mediation can begin as soon as both parties agree to resolve their disputes out of court, ideally even before considering legal action. It’s best to pursue mediation before the litigation process leads to significant mistrust between the parties and before lawyers initiate expensive discovery procedures. Early mediation can help the parties save thousands of dollars and lessen long-term stress.
The parties involved must sign a mediation agreement that outlines the specific process and their respective obligations. They will decide whether the mediation will be open or closed, and the level of documentary disclosure required. Most parties opt for closed mediation due to its private and confidential nature. This confidentiality means that neither party nor the mediator can disclose or present evidence in any legal proceeding regarding the discussions that took place during the mediation.
Once an agreement is reached, the parties or their representative may draft a mediation agreement based on the discussions.
