Mediation

mediation

Mediation is a process where a neutral third party helps two or more parties settle the issues in dispute between them. The mediator is not a decision maker. The mediator helps the parties resolve their dispute in a way that is acceptable to the parties themselves.

The parties must agree to participate in mediation. A mediator may be appointed in a number of different ways, including:

  • the parties may agree on the person they want to act as mediator;
  • the parties may agree on a person or organization to appoint a mediator.

The parties pay the mediator. They may share the cost of the mediation equally between them; one party may agree to pay for the entire cost; or, if the dispute is one between owners in a strata corporation, heirs to an estate or business partners, the costs could possibly be paid by the strata corporation, estate or business.

A mediator:

  • is neutral and impartial;
  • manages the emotional climate during the mediation;
  • creates an atmosphere that allows each party to feel comfortable talking about the issues in dispute;
  • helps each party to understand the other party’s side of the dispute;
  • helps the parties to explore ways of resolving the dispute that they may not have considered.

Mediation is of value in almost any dispute. It is of particular value where the parties want to preserve their relationship, such as disputes involving:

  • owners of units in the same Strata Corporation;
  • business partners;
  • family members;
  • co-workers; and
  • neighbours.

If the parties are able to resolve their dispute through mediation, the mediator will often prepare a written record of their agreement . If the parties are unable to reach agreement, they will find that mediation has given them a better understanding of the issues in the dispute and the perspective of the other party.

At Pacific Centre for Dispute Resolution, our mediators are trained and experienced using both “interest based” and “evaluative” mediation. If you are interested in having one of our mediators help you resolve a dispute, please contact us.