Mediation is an effective way to resolve disputes without going to court. Involving an independent third party called the mediator helps both sides of an issue come to an agreement. Mediation is a flexible process that can be used to settle a wide range of disputes, such as:
Mediation is a voluntary process that both parties must agree to. The goal is to arrive at an outcome that both parties are happy to accept. Julie I. Guindon is a mediation lawyer in Ottawa, offering her services to help parties reach a solution to their problems without going to court.
Mediation vs. Arbitration
Mediation and arbitration have the same goal: a fair resolution to a dispute between parties. However, they have some major differences in terms of process and decision-making. In arbitration, the arbitrator hears the evidence and makes an award which is binding upon the parties. In this way, arbitration is similar to the court process with both parties providing testimony and giving evidence. In mediation, the process is a negotiation, rather than a hearing, with both parties reaching a mutual resolution with the assistance of the neutral facilitator. Mediators do not render awards, find fault or make determinations during this process. Instead, mediators help with communicating, assessing, obtaining relevant information and developing opinions.
The main focus of mediation is on the parties, helping them work towards a mutually beneficial solution. They can include out-of-court negotiations. Arbitration is generally more formal and usually involves little or no out-of-court negotiations between parties.
Cntact a Mediation Lawyer in Ottawa
Mediation can be used for family law matters such as divorce. This service can help relieve tension between parties and reduce hostility. The mediator commonly goes back and forth between the parties, discussing the dispute and exploring mutually beneficial resolutions. This allows each party to have the opportunity to control the result and be part of the resolution.
Most disputes are successfully resolved, ending with the parties entering a written settlement agreement. Both parties share the costs of mediation, and if they are unable to reach an agreement they can still go to court. If you think that mediation is the best way to reach a resolution for your dispute, contact Julie I. Guindon.