What is mediation?

A meeting where a specially trained, skilled and experienced impartial person helps people resolve issues. The mediator facilitates productive conversation and provides legal information to enable people to create their own fair and balanced new solutions.

Why mediation?

• It is less expensive. Using lawyers means many hours of time to prepare and go to court, with each party having to hire a lawyer. By the time it is settled, the costs to each party can be in the 10’s of thousands. In mediation, there is only one person to pay, and fewer hours to pay for.
• It is faster. Preparing for court and waiting for court dates can take months or even years depending on the complexity of your situation. In mediation, issues can be resolved in months or weeks – maybe even in a single session.
• It is non-adversarial. The court process is designed to pit one party against the other, with lawyers presenting the other party in a poor light to gain a preferable judgment. In mediation, the parties work together to create a new solution and are better able to have a positive relationship moving forward.
• It is private. Court proceedings are open to the public, so anyone can come to watch. In mediation, the sessions are confidential.
• It is flexible. In court a judge makes a decision and both parties have to live with it. If circumstances change and the court order needs to be adjusted, there can be another long legal process. In mediation, changes can be made quickly as circumstances change for the parties. Readdressing the issues is as easy and convenient as it was to make them in the first place.
• It creates a “win/win”. In court a judge makes a binding ruling that often favors one party over the other. Mediation creates flexible, creative solutions and empowers the parties to decide together what is best for them.
• You retain control. Once the court process is underway, you submit to the work and time frame of the lawyers and the will of the judge. If you are unhappy with how it is going, it is very difficult to stop. In mediation, each party has the right the end the mediation if it is not working for them.

Mediation is also important for… teen/parent, elder/child, couples, business partnerships, staff teams and boards. If their conflict is left unresolved the result is strained relationships, lower job satisfaction, reduced productivity/profit, etc.

On every level, mediation just makes sense.

How long will it take?

We start with separate meetings with the parties to see if the conflict is appropriate for mediation. If the mediation moves forward, you will be told everything you need to know about the process so you know what to expect. Then there are a series of joint sessions (usually 2-3 hours long) to work through the issues. It may be possible to settle the matter in one session, but it may take several depending on a number of factors and the depth of the conflict. All of this could take place in a few weeks.

Is a mediated agreement legally binding?

It can be. When a resolution is reached, an agreement is written that the parties use to remember what they have agreed to. It is recommended that the parties then consult with their lawyers, and if they wish have their lawyers register their agreement in court.

What will it cost?

Separation/Divorce Mediation -There is no charge for initial phone calls with each party about the mediation process and specifics of their situation. and general information about the process and benefits of mediation.

New Solution Mediation asks for a retainer fee of $4,000 per family (typically $2,000 per partner), payable by eTransfer or cheque, to initiate the mediation process. Unused portions will be refunded.

Separate, one-on-one pre-mediation sessions with each party are $295/hour plus GST. The joint sessions are $295/hour plus GST. All other communication and work pertaining to your specific case outside of the mediation sessions is $295/hour plus GST. Out-of-pocket expenses, materials and travel are additional. These fees are usually shared between the parties and will be deducted from the retainer fee.

There is no charge for cancellation up to 48 hours before the session, but one hour will be charged for cancellation less than 48 business hours in advance. However, this charge will be waived in the case of an unavoidable medical situation, or if we can fill your session time with another client.

Other types of Mediation and training – Please CONTACT NSM for a quote on other kinds of mediation (such as family business, non-profits, etc.), training, coaching and facilitation.

Is mediation for you? Take the test…

Answer each of these questions with the difficult situation you have in mind:

• Is the conflict creating tension and discomfort between you and another person?
• Has it been going on for a long period of time?
• Is the relationship not working very well as a result?
• Do you find yourself daydreaming about the problem at times when you should be engaged in other things like work or family time?
• Is it causing you to lose sleep?
• Are you unsure of how to move forward because the conflict seems to be unworkable, and feels “stuck”?

If you are leaning toward “yes” in your answers to a number of these questions, mediation is probably the solution for your conflict.