Mediation Works - Resolve your matter without the need to go legal

Resolve your matter without the need to go legal.

Most disputes can be resolved by Mediation. Whether it is a neighbour dispute, a business dispute, a contract dispute or a damage dispute; Mediation can be used to resolve it. However opposing parties must agree to participate. Opposing parties agree to hire a Mediator and share the payment of the Mediation costs.

Precision Paralegal can help mediate your dispute and come to a successful resolution. Book your free 30 minute consultation today. 

Paralegals/Lawyers are licensed by the Law Society to practice law within their approved scope of practice. Generally that includes providing legal advice and legal representation to a client. They cannot represent both their client and the opposing party. They must also have errors and omission insurance to practice law.

Mediation is a form of Alternate Dispute Resolution in which the Mediator is a third person neutral – does not represent either party. Mediators are Members of the ADR Institute of Ontario. It offers parties a more expeditious and less costly option to resolution of disputes. They must have errors and omission insurance to practice Mediation.

Mediation became part of the Ontario Civil Court system more than 20 years ago, when the Ontario Government introduced Mandatory Mediation in the Toronto and Ottawa Court Jurisdiction – Later it was expanded to Windsor – but has not been expanded beyond that, save and except for Family Court.

Over these twenty years the benefits of Mediation have been embraced in most litigation processes. For Mediation to become the central option to resolve a dispute, the parties must choose that option over litigation, which generally does not happen in the first instance.

Tribunals such as Landlord Tenant Board (LTB) have developed in-house mediation where, within the process, mediation is available.
Small Claims Court Settlement Conferences provide the option of settling without a trial. Many of the Deputy Judges have clearly taken Mediation training and are able to be effective in getting parties to settle – others have not.

Most disputes can be resolved by Mediation. Whether it is a neighbour dispute, a business dispute, a contract dispute or a damage dispute; Mediation can be used to resolve it. However opposing parties must agree to participate. Opposing parties agree to hire a Mediator and share the payment of the Mediation costs.

Opposing parties hire a Mediator. Each party will present its case, including supporting material to the Mediator. The Mediator will review the information, then schedule a Meeting with the parties, normally without legal counsel. The Mediation may require more than one meeting. When a resolution is reached, the Mediator will draft the terms of the Agreement which the parties sign. The parties may either treat that agreement as the final document or alternatively choose to have it committed to a legal document to be filed with the Court or Tribunal.

If there develops a hiccup in the adherence to the Mediated Agreement, then the parties may return to the Mediator to resolve that.

Where Litigation can take years to resolve a dispute. Mediation can take months. Where Litigation can cost thousands of dollars to resolve a dispute, Mediation can cost hundreds. Where an early resolution is important to both parties, Mediation is preferable over litigation.

With all the Courts and Tribunals now closed due to Covid-19, the litigation model is in paralysis, Mediation offers an attractive option to move forward – providing both parties sincerely wish to move forward.

If you’re looking for more information or further assistance with mediating your dispute, you can schedule a free telephone consultation with one of our paralegals to discuss the ways in which we can assist you in collecting your debt. Click here to schedule your free consultation today!

 

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We are one of the paralegal firms in Canada. The Precision Paralegal Services team has been representing our clients in the Ontario & Alberta for over 23 years. With over 100 years of combined experience and having completed over 20,000 court room hours, Precision Paralegal Services is the right choice for your matter.

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