Understanding the mediation process – Preserving time,money, and valuable relationships

Mediation can be a good idea for many civil, family, and commercial cases. In fact, it may even be mandatory. If you are considering this form of Alternative Dispute Resolution (ADR), trained mediator Tarunjeet Gujral and our team at Gujral Law Professional Corporation in Mississauga, Ontario, are happy to answer questions about what to expect from this process. 

Does the mediator have a “say” in the final decision? 

You and the other party have the final say. Mediators like Tarunjeet Gujral are impartial. They do not take sides nor do they make judgments. They do support an environment that allows for open dialogue and communication. The idea is to encourage you and any parties involved to better understand each other and the dispute at hand, and to develop mutually agreeable solutions. 

Who is responsible for paying for mediation services?

Both parties are responsible. The fee is typically shared between you and the other party. These are the types of details that are ironed out prior to officially embarking on the mediation process. In general, mediation is a fraction of the cost of court proceedings, which can easily soar to tens of thousands of dollars (per person). 

What disputes can be mediated?

Mediation is well-suited for most civil and family disputes as long as there are no issues such as significant power imbalances or a history of violence that would make a fair and safe mediation process impossible. A few examples of issues and situations that have been resolved through mediation and ADR include:

• Contractual disputes.
• Leasing conflicts.
• Employment-related disputes.
• Business conflicts among partners and shareholders.
• Disputes over family matters, such as child and spousal support and property division.
• Single-issue or multiple-issue disagreements.
• Long-standing conflicts.
• Conflicts that are at an impasse. 

What exactly happens during mediation sessions?

In general, each session provides the structure necessary to work through challenges and to reach creative and mutually-satisfying decisions. No process would be complete without establishing “ground rules” to ensure each session remains productive and does not devolve. There will be opportunities for each party to present its side. If tensions are running high, separate meetings may be scheduled so that face-to-face meetings are not essential for every case. Both positions are considered, proposed solutions or decisions are explored, and a compromise is eventually reached. Once both sides sign the settlement agreement, it typically becomes a legally-binding contract. 

How many sessions are necessary? 

It depends. More than one session may be needed to reach an agreement involving family disputes or complex civil matters. Each session can take anywhere from a couple of hours to several hours or the full day. There is flexibility brought into the process. In addition, parties may meet via video conferencing. 

If you are required to undergo mediation or are considering it as a way to preserve your finances, time, and valuable relationships, contact Gujral Law Professional Corporation today. Phone (647) 957-8077 to schedule an appointment at our office in Mississauga, ON.