Mediation dispute

Is My Dispute Appropriate for Mediation?

Mediation is usually well-suited to disputing parties who still have a somewhat amicable relationship, who are still able to negotiate, and who do not want a third-party or judge to make final decisions on their behalf.

Litigation is the traditional method where each party has an attorney and they use the adversarial process to work out an agreement, either by settlement or by trial. Costs associated with attorney fees, court costs, loss of work time, and other costs related to stress and mental health all make for an expensive process. Mediation involves only one lawyer, a mediator, who will help the parties reach an agreement on their own without other attorneys, and will complete the paperwork that the parties will file jointly to dissolve their marriage.

Mediation is not for everyone or every dispute. Mediation is most effective when the parties have the capacity to work together, or at a minimum, to show basic decency and respect throughout the process. Constructive dialogue is essential to a successful agreement.

Also, mediation is most effective when the issues are manageable and the parties have an incentive to reach an agreement. When significant assets are in the balance, it may not be good candidate for mediation because the parties would likely require outside counsel. While the parties could work through these issues through the mediation process, the risk of not having sufficient information may be too high.

Common disputes that are appropriate for mediation include, but are not limited to:

  • Family disputes

    • Often concern custody, asset allocation, spousal support, debt payment, and other issues related to separation
  • Estates

    • Division of assets
    • Disagreement with the personal representative of the estate, etc.
  • Landlord/Tennant and Neighbour Issues

    • Lease disagreements
    • Property lines and previous agreements
    • Payment
    • Noise and physical cleanliness, and others as they arise
  • Consumer and Merchant Disagreements

    • Contract disputes
    • Product satisfaction and safety issues
    • Nonpayment, or failure to render services
  • Small Claims

    • Most matters that involve a sum less than $5,000 are appropriate for mediation
  • Others

    • Everyone has a unique story and we are often confronted with disputes are not typical and/or listed above.

Call or email to arrange a free consultation to see if mediation is appropriate for you.

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