What is Civil Mediation?

Civil mediation is a voluntary and confidential process designed to help individuals or parties resolve legal disputes without the need for court. It provides a neutral and structured environment where disputing parties can work together, guided by a trained mediator, to reach a mutually acceptable solution.

What Does Civil Mediation Entail?

1. Voluntary Participation - Mediation is typically a voluntary process, meaning both parties must agree to participate. However, in some cases, mediation may be required before proceeding to court. Mediation may also be a required dispute resolution process under a contract.
2. Neutral Mediator - A mediator is a neutral third-party trained to facilitate discussions. They do not take sides or make decisions but guide the conversation to help parties clarify issues and explore potential solutions.
3. Confidentiality - The mediation process is confidential, ensuring that what is discussed during mediation cannot be used later in court or shared publicly. Most court proceedings are public, but mediation is a private process.
4. Collaborative Problem-Solving - Mediation encourages collaboration, allowing parties to express their concerns, listen to one another, and work toward a solution that suits both sides. It avoids the adversarial nature of a court trial.
5. Flexible and Informal - Unlike court, mediation is informal and flexible. Sessions can be scheduled at a time and place convenient for both parties, and solutions are often more creative and tailored to the specific needs of those involved.
6. Cost-Effective and Time-Saving - Civil mediation is generally faster and less expensive than going to court. By resolving disputes early through mediation, parties can avoid lengthy and costly litigation.
7. Legally Binding Agreements - If the parties reach an agreement during mediation, it can be formalized into a legally binding agreement that can be enforced through the courts, if required.

Mediation in civil disputes has been found to improve perceived fairness by 14% and satisfaction with outcomes by 10%.^[1]

Who Can Use Civil Mediation?

Civil mediation is available for a wide-range of disputes, including:

• Small and supreme court claims
• Contract disputes
• Debtor-creditor issues and other financial disagreements
• Workplace and employment conflicts
• Wills and estates concerns
• Construction and commercial contracts
• Real estate matters
• Construction and commercial contracts
• Business disputes

Why Choose Mediation?

• Empowerment - Mediation gives the parties control over the outcome, rather than leaving the decision to a judge.
• Preserving Relationships - By focusing on mutual understanding and compromise, mediation can help maintain or even improve relationships between parties.
• Reduced Stress - The process is less formal, less intimidating, and more solution-focused than court, making it easier to navigate emotionally and practically.

Our Approach to Mediation

Civil mediation is an excellent alternative for individuals and organizations looking to resolve conflicts efficiently and amicably. By choosing mediation, you can avoid the stress and uncertainty of a courtroom while working toward a fair and satisfactory outcome.

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References

1. https://www.justice.gc.ca/eng/rp-pr/csj-sjc/jsp-sjp/rr07_3/p3.html