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 languages, he can offer mediation services in Punjabi and Hindi in addition to English language. He offers his services as a counsel and mediator. He is deeply interested in advocacy, social justice, equity, access to justice, and peacebuilding. He is a member of the Alternative Dispute Resolution Institute of Ontario (ADRIO) and the Alternative Dispute Resolution Institute of Canada (ADRIC).
THE ROLE OF A MEDIATOR
A neutral third party, referred to as a mediator, can assist in resolving conflicts through mediation. An accredited/qualified mediator’s role is to assist and guide the parties in conflict toward a resolution/ agreement during their dispute that fits the specific needs of each disputing party with minimal conflict and delay at a fraction of the cost. The mediator will try to resolve some or all unresolved issues by facilitating discussions, negotiations, and decisions between the disputants.
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 timely, financial, and stressful litigation process. As a professional mediator, we provide a safe space to discuss the dispute and facilitate productive conversations that ensure both parties are heard, understood, and respected. Our method has assisted disputing parties in coming to a friendly and mutually agreeable resolution, guaranteeing that you, not a judge or third party, will determine your future.
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. Only the resolved issue outcomes are included in the “mediation report” that the mediator writes. The parties do not sign the “mediation report.” Parties discuss what will be done with the mediation report, including making it into a court order or agreement.
Open Mediation: In open mediation, if you go to court, the mediation process will not be private. You, the other person and the mediator will be able to discuss what happened during the mediation. The mediator may also share a report with the court summarizing the issues that have been resolved and outlining the outstanding problems. All documents can be shared.
WHEN TO START AND HOW
The mediation process can start when the parties agree to resolve their differences outside or before going to court. It is best to try mediation before the lawyers begin costly discovery procedures and before the litigation process causes too much mistrust between the parties. Early mediation can reduce long-term suffering and save the parties thousands of dollars.
The parties must sign an agreement outlining the details of the mediation process and each party’s requirements. They will decide whether to have open or closed mediation and the degree of documentary disclosure. Most parties prefer closed mediation because it is private and confidential. This means neither the party nor the mediator may give evidence about what was said during the mediation in a legal proceeding.
The parties or their representative may draft a mediation agreement after reaching an agreement.
