What is mediation?
Mediation is a process to reach a solution. It is an alternative to litigation. It is available to resolve disputes in such diverse areas as banking, finance and commerce, business and family relationships therein.
Mediation costs less that going to court. Mediation is faster than a court proceeding. Mediation is private and details are not available to the public.
It can produce an acceptable solution to a dispute that lets both parties win and come away with respect. It is a first step and if an agreement cannot be achieved the parties can take other action like arbitration or legal proceedings.
What happens during mediation?
Each party openly discusses the issues, their concerns and the results of their dispute with the mediator. These discussions can be virtually or in person.
The mediator takes the information received and makes a plan with the disputants to get both sides of the issue to both parties. Where required, we work with other professionals - accountants, lawyers, investment advisors, etc., to help move the mediation along.
The mediator works with both sides to come to a resolution that is agreeable with both parties.
Who would benefit from mediation?
Any parties in dispute that cannot seem to find a resolution or people that are willing to try a process to avoid costly alternatives (going to court, etc.).
What happens at an initial consultation?
To get started we meet (in person or virtually) individually with all necessary parties to discuss the issue(s). Based on those meeting findings we recommend a process/steps to get both sides talking - in person or through us.
What is the goal?
A win/win scenario is the goal of every mediation. Usually a meeting takes place with all of the parties to agree on a solution (sometimes more than one meeting may be necessary).
Follow-up
Where required we will follow up with all parties as to the steps agreed to in the mediation in order to ensure that all obligations are lived up to. This will give the agreement a better chance of success.
Mediation FAQ
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Family ownership in a business
Split on future of a business
Estate disputes - creation or post-death
Succession planning disputes
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Normally mediations are split evenly between the parties of the mediation.
Other arrangements are available if agreed to by all parties.
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Mediation is just an agreement between the parties; it is not legally binding. Depending on the agreement you will need to formalize the agreement with your lawyers.
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If an agreement is not reached then the parties will need to try another method which could include litigation, arbitration, etc.
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The time for each mediation is different. Simple meditations involve a conversation with each party (1 to 2 hours) and then a joint meeting to achieve a solution (3.5 hours).
More complicated mediations will take longer.
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A mediator does not take either side in the dispute. Our role is to bring an agreement for both parties.
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Yes, your mediator is bound to confidentiality through the contract that you sign together.
Matters discussed at mediation cannot be used in any litigation or court proceeding.
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Russ has taken the necessary education and hands on mediation experience to be certified as a Qualified Mediator (QMed) from the Alternate Dispute Resolution Institute of Ontario. He also has over 40 years in servicing family businesses and not-for-profit organizations.
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We work with your accountants, lawyers, etc. to get information and resolve the dispute.
You may need to consult with other professionals if a conflict of interest exists.
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Having your thoughts together (written or otherwise) before the meeting.
Think about the following questions:
What do you want to accomplish with this mediation?
What other parties should be considered or included in the decision?
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You cannot force someone to a mediation. We do offer coaching in order to help you with the conflict and how to approach a resolution.
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The location of the meetings and discussions will depend on the parties. We do offer locations where we can have confidential conversations.
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Having a lawyer is not required for a mediation. You are more than welcome to have a lawyer to look after your interests.
If the situation requires you to have representations we will recommend you seek professional representation.