What kinds of cases can be mediated?

Most civil disputes can be mediated, including those involving contracts, leases, small business ownership, employment, and divorce. For example, a divorcing couple might mediate to work out a mutually agreeable child contact agreement, or estranged business partners might choose mediation to work out an agreement to divide their business. Non violent criminal matters, such as claims of verbal or other personal harassment, can also be successfully mediated.

Also, you may want to consider mediation if you get into difficulties with a neighbour, roommate, spouse, partner, or co-worker. Mediation can be particularly useful in these areas because it is designed to identify and cope with divisive interpersonal issues not originally thought to be part of the dispute. For example, if one neighbour sues another for making outrageous amounts of noise, the Court will usually deal with only that issue. If the Court declares one neighbour a winner and the other a loser, it may worsen long-term tensions. In mediation, however, each neighbour will be invited to present all issues in dispute.

It may turn out that the overly loud neighbour was causing problems because his neighbour's dog constantly messed on his lawn or his neighbour's vehicle blocked a shared driveway. Because mediation is designed to look at and fix the bigger picture, it is a much preferred way to restore long-term peace to the neighborhood, home, or workplace than going to Court.

How long does mediation take?

Typical mediation cases, such as consumer claims, small business disputes, or car accident claims, are usually resolved after a half day or, at most, a full day of mediation. Cases with multiple parties often last longer, each additional party will add at least an hour of mediation time. Major business disputes, involving lots of money, complex contracts, or ending a partnership, may last several days or more.

Private divorce mediation, where a couple aims to settle all the issues in their divorce such as property division, maintenance, child custody, contact, and support generally requires half a dozen or more mediation sessions spread over several weeks or months.

How can I be sure mediation will produce
a fair result?

Remember that in mediation, you and the opposing parties will work to craft a solution to your own dispute. Unless you freely agree, there will be no final resolution. This approach has several advantages over going to Court:

Legal precedents or the whim of a Judge will not dictate the solution.

If your dispute harbours undiscovered or undisclosed issues, mediation, offers the opportunity and flexibility to work them out, unlike in a structured court battle.

People who choose mediation tend to be more relaxed and open to compromise because it avoids the fear of a courtroom judge stunning either party with a large loss.

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