MEDIATING WITHOUT CONVERSATIONS

If you are about to engage in mediation, here are some pointers you should consider. Mediation is a staged process. At each stage the parties must not only speak. They need to listen. The basic purpose of mediation is problem solving. To reach that objective, the mediator brings his training, and skill to the table […]

MED/ARB: A HYBRID

If you are considering mediating a property or commercial dispute and are concerned about not reaching a resolution, here are some tips. Mediation can be combined with arbitration. When it is, its is called ‘Med/Arb’. It’s a hybrid. The first step is to sign a mediation agreement and name a mediator. However, your agreement will […]

KICK STARTING MEDIATION

If you are in the midst of a contract dispute that threatens an established business relationship, here is what you need to consider. Assuming that you are uncomfortable advocating for yourself, ask the other party whether it will agree to mediation. If the other party feels the same way, it may well agree wishing to […]

A SHORT HISTORY OF MEDIATION

If you’re curious about the origins of ‘mediation’ here are a few facts that might interest you. One of the earliest historical examples of mediation dates back to the 10th century BC and the reign of the biblical King David. At that time, twelve Israelite tribes co-existed that were rivals. None of these tribes was […]

MEDIATION AND THE COST OF STRESS

If you are about to participate in mediation, here are some basics you need to consider. Every mediation involves practical issues that involve, money, other kinds of property and business and relationships. However, one of the hidden issues that may be more or less significant depending upon the dispute involves psychology, in particular stress or […]

THE ESSENTIALS OF MEDIATION

If you are involved in a property, or commercial dispute here are a several tips that will help you. Mediation is a voluntary, consent based process. Except for family, and estate disputes, and civil conflicts where lawsuits have been filed in Ottawa, Toronto or Windsor,  the law does not require mediation. This means that in […]

WHEN MEDIATION WORKS

If you are interesting in mediating a dispute, here are some quick pointers that will help you. 1) Mediation is a strictly voluntary process. The mediator’s role is to facilitate settlement not to make any decisions for the parties. 2) The mediator must be neutral and independent of the parties and does not act for […]

CHOOSING THE RIGHT MEDIATOR

If you need a mediator to assist in resolving a dispute, here are some quick tips to help you. The dispute may involve a conflict about property, business, or a family issue. Mediation is a staged process and the actual subject matter may vary. The mediator does not represent any of the parties and must […]