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What is Mediation ?

Mediation is a popular form of alternative dispute resolution. Mediation can be either court-ordered or the parties involved can reach a mutual decision to use mediation. A mediator simply assists the disputing parties in working out a resolution through open communication; and at any point during mediation either party can stop the process. Unlike other forms of ADR, a mediator does not issue a binding decision. Instead, the mediator merely acts as a facilitator to help the parties reach a resolution on their own. Learn more about the mediation process and when it might be a good option for your dispute, by clicking into the articles and the frequently asked questions on this page.

When can I use mediation?

You can mediate whenever you have a dispute that could interfere with a business or personal relationship. Mediation may be less costly than going to trial to decide the issue. It may also allow you to arrive at a decision that is more reflective of your needs and priorities, as your mediator will help you to communicate openly and find a compromise that works best for all of the parties involved.

There are a number of different instances where mediation may be useful. Businesses that have strategic alliances may use mediation to resolve differences that their contracts did not contemplate, or to separate amicably. Mediation can also be an alternative to a civil lawsuit or arbitration for both businesses and individuals. Couples who are divorcing often choose mediation to avoid having their affairs documented in court records, or to protect children from any further trauma. Businesses or individuals who have begun a lawsuit can mediate at any time, in order to resolve the lawsuit.

The key to knowing whether mediation may work for you is knowing whether the person you are having a dispute with will compromise or not. Mediation depends on cooperation between the parties involved. The mediator doesn't decide issues and doesn't make binding rulings. He only helps you to work together. If the person you are disputing with is uncompromising, abusive, unwilling to listen, hiding evidence or otherwise engaging in negative behaviors that would make a true compromise impossible, then mediation will just be a waste of everyone's time and money. Don't forget, you will also have to pay for a mediator, and the longer the dispute takes to settle, the more you'll have to pay, that is if you seek mediation outside the e-Court system. Fortunately you will always know costs and duration ( = 6 weeks ) upfront with mediation via e-Court USA.

If you are considering mediation, the best thing to do is to REGISTER "free of charge" with e-Court USA. We assist you in evaluating the pros and cons and in making a determination about whether or not mediation is right for you.

Is mediation considered a legal proceeding ?

Mediation is not a formal legal proceeding, although it may be required by a court that you at least try out the mediation process in certain cases before bringing the issues to court to be decided. Mediation is considered a form of "alternative dispute resolution" or ADR, and it is a good solution in certain cases where parties can be civil enough to work together and work out their differences out of court.

Unlike a court trial, or even binding arbitration, the parties who are involved in a mediation aren't going to walk away with a decision made by a third party. The mediator's role isn't to hear evidence, take sides or issue a judgment that the parties are bound to. Instead, the mediator helps the parties in dispute work out their own issues and either of the parties can choose to ignore the resolution or back out at any time. Mediation can provide a non-litigation based, amicable, and often less expensive way to resolve many issues. By working with a mediator to understand where the problem lies and what each party needs to fix the issue, the goal is that an agreement will be developed that works for everyone.

Mediation may be used in many different types of legal disputes, however, divorce mediation is one of the most common. A couple who is getting a divorce may not be able to communicate well enough to resolve all of their issues on their own, but may not want to bear the expense of a long legal battle. They also may want to avoid putting their kids through such an ordeal or have their personal information become court record. Mediation can allow them to sit down with a third party who will facilitate communication and the drafting of a divorce settlement that works for both parties.

Mediation can be a good legal option in the right circumstances, but you will want to talk to a lawyer to see if mediation is an option for you. You'll also want to have a mediation lawyer present during the mediation process so you can ensure your legal rights are fully protected in any agreement you decide to make.

If a court sends me to mediation, does that make it different ?

When a court sends you to mediation, you should make a good faith effort to try to work out your differences during the mediation process. While the mediation is still not going to be legally binding, and in most cases you can stop it at any time and go back to the court/e-Court, it is still in your best interests to try to cooperate as much as possible. After all, if the judge sent you to mediation and then you refuse to even try, that's not going to earn you much favor with the person who ultimately does get to make decisions about your case.


The Mediation Process

Mediation is a non-binding form of alternative dispute resolution, unlike arbitration, which is binding. When a court sends you to mediation, you and the other party or parties involved in the dispute are going to be working with an independent third party. That person may be a mediator assigned or appointed by the court. But most likely e-Court Canada you will select a professional from the carefully "vetted" e-Court roster.

The mediator is going to help you talk out your differences in the hopes that an agreement can be reached. A mediator won't take sides, won't make orders, and won't issue a final or binding resolution. Their purpose isn't to give their opinion or to make a decision. It is to help you to communicate better, listen more openly, identify potential solutions, and find a solution that works best for all parties involved.

If you are sent to mediation, aside from cooperating because you don't want to appear uncooperative, it is a good idea to make the effort (at the very least) if you can to come to an agreement. You'll have more say in a final resolution, which means you could end up with a decision that you are happier with than if an arbitrator just tells you what to do. Furthermore, you may save money on the legal fees that accompany long, protracted regular Court litigation. Of course the best solution is to find an arbitrary solution via the e-Court USA VENUE.


Getting Help

If you are sent to court ordered mediation, you need to speak with a lawyer to find out if any specific rules apply in your state regarding that mediation. It is also in your best interests to have a lawyer on your side so you will understand what the law entitles you to in the dispute you are mediating.

If a court sends me to mediation, do I have to agree to settle my case ?

Mediation is a non-binding and generally voluntary form of alternative dispute resolution. If a court sends you to mediation, it can require that you mediate in good faith. However, they cannot and will not require that you settle your case. Mediation is different from arbitration in that with arbitration, you must submit your dispute to an arbitrator and are bound by the decision, whereas the mediation process does not bind you to any resolution.

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If you are sent to mediation, you will be working, along with the other party or parties involved in the dispute, with a mediator to try to come to an agreement that everyone is happy with. The mediator's job is to help you and empower you to come to a resolution, not to issue a ruling like a judge would.

By working with the mediator, communicating openly, sharing what you believe is most important, and listening to the other side, you may be able to work out your differences in a manner that is less expensive than a long court dispute. As such, it's usually worthwhile to at least try to settle the case in a fair manner. If nothing else, cooperating in mediation will make you look better to the arbitrator presiding over the case, if it ends up back in regular court/e-Court.

Both parties can, however, walk away from the mediation at any time. If the other party is being unfair, or if it's clear that there will be no resolution without court intervention, then you can put an end to the mediation process so you don't waste your time.

If you are involved in a dispute that was sent to mediation, consult with a "vetted" e-Court attorney about the laws in your state and about how to approach the mediation in a way that will ensure your rights are protected. Your e-Court membership will provide you with ample excellent listings.

How do I find a mediator ?

e-Court USA offers you a listing with carefully "vetted" mediation professionals. You can rest assured that all are the very best. When you have found a mediator using the e-Court listings, it is imperative that you understand what the mediator is going to do and how the mediation process will work. Ask them what techniques or methods they use during the mediation process.

Interviewing Mediators The best way to set your mind at ease when selecting a mediator is to conduct an initial interview with the mediator. These interviews are typically done over the phone with both parties and the mediator on the call. The interview allows both parties the chance to get a feel for that particular mediator and determine whether they are the right fit for the dispute in need of mediation

What is a typical mediation like ?

In one of the most common styles, the disputants (and their lawyers, if they are using lawyers) meet with the mediator for an opening session. The mediator explains the process he/she will be using and what is expected of everyone. Then the disputants each tell their side of the dispute and the mediator asks questions to be sure he/she understands. The joint meeting usually breaks up into two separate meetings, or caucuses.

The mediator then talks to each side in the caucus in an attempt to learn what is motivating the dispute, what the underlying issues are, and where there are areas for movement from established positions. The mediator may ask more penetrating questions than in the joint session, since what goes on in caucus is confidential and not conveyed to the other side.

The mediator may offer to try different proposals on the other side to see what the response might be. The disputants do not have to take responsibility for any position the mediator is trying out, because it is not their position – only a mediator’s attempt at moving the process along.

Ordinarily, the mediator moves between the disputants, helping them invent new possibilities, trying out ideas, and narrowing the differences. A successful mediation ends in an agreement that resolves the underlying dispute. The mediation process is often used between disputing parties in a divorce; click here for an article explaining how divorce mediation works.

Do I need a lawyer for mediation ?

If you have filed an arbitration, you should not agree to any settlement without advice from a lawyer who represents you and your interests. While you may choose to mediate without a lawyer being present, it is generally not a good idea. An e-Court lawyer representing you at the mediation can advise you while considering various options. While you, the disputant, decides what terms you are willing to agree to, you’ll benefit from the lawyer’s advice and experience. It is also to your benefit to have a lawyer explain all of the legal consequences of any proposed agreement come to through mediation.

Exceptions to Hiring a Mediation Lawyer

There are some exceptions to the need for a lawyer and even to their usefulness during a mediation session. Many provinces have court appointed mediators to handle small claims disputes between parties. During these proceedings, mediators are instructed by the court to refuse any participation by lawyers. In fact, if a lawyer is being disruptive or preventing the mediation process from happening due to intimidation, the mediator has the authority to send them out of the room.

Additionally, the primary purpose of hiring a mediator to handle family law matters such as divorces is to avoid the expense of hiring lawyers and fighting out the divorce in a traditional court. In fact, unless the two parties in a family law dispute are unable to participate amicably, a lawyer tends to only add to the tension and hinder the couple’s ability to reach an agreement.

Another exception to the need to hire a mediation lawyer is when one disputant is unable to afford a lawyer. In every province that has an established mediation program, it's a well established rule that both parties bring a lawyer to the mediation, or neither party can bring their lawyer. Keep in mind that many “settlements” reached in a court appointed mediation setting are not even what lawyers would consider a settlement. While lawyers are very useful in complex cases where there are real money damages at stake, it's often best to avoid the expense and headache of using attorneys during a mediation.

Last by no-means less important - Advantages of e-Court Mediation On line :

(1) e-Court Mediators have found on line mediations to be an effective means of resolving disputes. Disputants who engage in talks primarily via e-mail will miss out on the cues they would receive from body language, facial expressions, and other in-person signals. Long-distance talks are prone to misunderstandings and also lack the rapport and warmth of face-to-face talks.

(2) Parties may be tempted to “flame” each other (sending hostile or insulting messages) on e-mail or abandon the process entirely when frustrated. Finally, given that disputants often choose local mediators via word of mouth, they may be less trusting of mediators whom they choose somewhat arbitrarily online.

(3) The upsides of conducting mediations by videoconferencing are obvious : limited travel time, fewer expenses, the ability of the mediator to relate to parties and be persuasive in both rooms.


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If you are considering mediation, the best thing to do is to REGISTER "free of charge" with e-Court USA. We assist you in evaluating the pros and cons and in making a determination about whether or not mediation is right for you.


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We look forward to hearing from you. Thank you. The e-Court USA Team


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Please view also :

(1) e-Court Legal Opinion

(2) e-Court Arbitration

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