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.
FAQs
Is the mediation process mandatory?
While highly encouraged in most situations, mediation may be mandatory in some civil cases and family law proceedings. So, it really depends on your case. When not mandatory, you and the other party can voluntarily agree to move forward with the process as a means of keeping your case out of the courts.
What is the role of a mediator?
A mediator functions as a neutral third party. As a trained and qualified mediator, Tarunjeet Gujral cannot make judgments and cannot influence or enforce any decisions. That is up to you and the other party. He facilitates and supports a collaborative process, whereby you discuss issues, exchange information, better understand each other, and eventually arrive at a mutually agreed-upon solution.
Are there some situations where mediation wouldn’t be appropriate?
We appreciate that no set of circumstances quite like yours exists. We can discuss your needs and concerns and then recommend the best next steps forward to reach a favorable agreement or resolution of a dispute. High-conflict situations are generally unsuited to mediation and other Alternative Dispute Resolution (ADR) options. This includes dynamics with the other party where there might be a historic pattern of power imbalances or even violence.
How does mediation compare to other ADR options?
Negotiation is the most informal type of ADR. While a lawyer like Mr. Gujral may assist you, you may represent yourself. Issues are discussed directly with the other party to reach a voluntary settlement. Arbitration, on the other hand, is more formal than mediation. Arbitrators can make binding decisions, depending on any conditions you and the other party set forth.
How do I prepare for mediation?
If you and the other party decide to move forward with this process, you will be provided with information on what to expect beforehand. Generally, gathering important documents, including financial items like debt records and bank statements, is important. It’s also helpful to consider your priorities and be realistic; there may be some issues where compromise is essential to reach a mutually acceptable agreement and to preserve your relationship with the other party (if that is desired).
What happens if mediation fails?
We understand that complex dynamics often come into play during the mediation process. We may still be able to build upon the groundwork laid during mediation. Parties may continue to negotiate directly or through their lawyers. Arbitration and other mediation methods may be pursued. Finally, if no agreement is reached, a lawsuit may commence or an already-active lawsuit may proceed to the next stage (discoveries, pre-trial motions, and eventually a trial).
How much does mediation cost?
Mediation costs significantly less than going to trial. The cost of court proceedings can easily be tens of thousands of dollars per person, whereas mediation services are a fraction of that. It’s also important to consider the value beyond dollars and cents, including the value of coming up with creative solutions with the other party and preserving a potentially important and meaningful relationship with an associate, family member, or other individual in your circle.
