Mediation is a voluntary process through which you can work cooperatively to reach an agreement or resolution in a separation. The process has many advantages over the court process: mediation is generally less expensive, minimizes time wasted and provides more flexibility and efficiency (ie: scheduling and loss of missed work). A resolution is only reached through agreement, giving the parties control to choose their own outcome.
The court process is adversarial by nature, and if the conflict is not resolved by agreement, a judge imposes a decision that may or may not work for one or both parties. The court process often creates a “win-lose” mentality. Mediation on the other hand, engages the parties to work towards “win-win” scenarios as much as possible, cooperate with one another to strive for fair settlements in a private and confidential setting. As a neutral professional, the mediator assists the parties to negotiate and reach agreements in a respectful environment.
How does mediation work?
Once you and the other party agree to a mediator and the mediator has accepted to work with both of you, an agreement to mediate is signed. The agreement sets out important basic rules such as confidentiality, costs, etc. The mediator will meet with each party individually in a confidential meeting to ensure that the case is appropriate for mediation, and to obtain some necessary information. This stage is important as the mediator at Contreras McLennan will tailor a mediation set-up specific to each case to maximize the chances of success. After that meeting and after the agreement to mediate is signed, the parties then move into (generally) a joint mediation session. After an agreement is reached, the parties will generally obtain independent legal advice (ILA) and will proceed to sign the agreement.
Frequently Asked Questions
- Can I attend mediation if we are already involved in a Court process?
Yes, you can attend mediation by agreement or court order to resolve outstanding issues after a court process has started.
- Can the Mediator make decisions for us?
No, the mediator does not make any decisions for you. The mediator is a neutral highly experienced professional that is there to help you resolve the dispute.
- Can the Mediator give me legal advice?
No. The mediator is a neutral professional and can only provide legal information and assist the parties in reaching agreements. Each party needs to consult with their own lawyer to seek legal advice.
- Can I change court orders through mediation?
Generally speaking, if the parties agree to change certain provisions in a court Order granted in British Columbia they can agree to the terms through the mediation process, and then apply to the Court to seek approval.
- Do I need a lawyer to participate in Mediation?
Having a lawyer represent you during the mediation process is optional, and depending on the nature of your case, is sometimes recommended. It is strongly recommended that you consult with a lawyer to advice you of your legal rights and to obtain independent legal advice prior to signing any agreement to ensure, as much as possible, that your agreement will be valid.
- How is mediation different from arbitration?
Once you are in an arbitration process an arbitrator can make decisions related to the issue in dispute. A mediator does not make decisions and is there to assist you with your negotiations and to resolve the dispute by agreement.
- What is Mediation Arbitration?
Mediation-Arbitration (“Med-Arb”) is a hybrid process where the parties retain a Mediator-Arbitrator to assist them resolve the dispute. The process usually begins with a mediation phase and generally only issues that are still unresolved move to an arbitration phase for an arbitrator to make a final decision.
