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What is Mediation?
Mediation is a method of dispute resolution in which parties to an action attempt to reach an agreement with the assistance of a mediator.
Mediation is a flexible and informal form of dispute resolution which allows parties to a dispute to negotiate an early resolution of their legal action. Mediation offers parties a chance to gain greater understanding into their dispute and limit the cost (in both time and money) of extended legal action.
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What is Interest-Based Mediation?
Interest-based mediation is a form of dispute resolution where parties to a lawsuit are encouraged to explore and define the issues, and communicate their interests and motivations. Once there has been a thorough opportunity to understand all of the circumstances, parties to a lawsuit are assisted with the development of a range of creative solutions that meet the interests of the parties. Parties will then be invited to evaluate the most attractive options and ensure that solutions reached are workable and practical.
One of the goals of interest-based mediation is for the parties themselves to co-produce their own agreement that they can all support. Mediators do not take sides, make decisions or suggest solutions. The parties create and agree to this on their own solution. Nothing is imposed by the mediator.
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What is the Civil Mediation Program – Court of Queens Bench of Alberta?
The Civil Mediation Program – Court of Queens Bench of Alberta is a two-year pilot now offered in the Judicial Districts of Edmonton and Lethbridge/MacLeod. The program applies to all civil, non-family lawsuits at the Court of Queen's Bench.
The program promotes mediation as another way to resolve disputes for people already at court.
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Who attends mediation?
Parties must attend mediation, with or without their lawyers. Lawyers can play an important role on mediation by:
- assisting in educating the parties,
- developing negotiation strategies,
- helping parties to speak persuasively, and
- developing a range of creative solutions.
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How long does mediation usually take?
. Mediation usually takes about 4 to 8 hours, but this depends on
- the number of parties,
- the number of issues to discuss, and
- the complexity of the issues.
Participants must set aside a minimum of three hours for the mediation.
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How much does mediation cost?
Roster mediators set their own fees. Parties pay the mediator directly. This cost is not covered by the court. Most mediators charge between $200.00 and $250.00 per hour. Parties agree before mediation on how this cost will be shared.
There is a Mediation Fee Coverage Program for litigants who meet certain financial requirements. Contact the office of the mediation coordinator to learn more.
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Who decides to mediate?
Parties (the people involved in the lawsuit) decide whether they wish to mediate. They can start the process by filing a Request to Mediate.
To file a Request to mediate, the lawsuit must:
- have been filed on or after September 1, 2004
- relate to a civil, non-family matter
In addition, Affidavits of Records must have been filed and served, and the Request to Mediate must be filed before a Certificate of Readiness has been filed.
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When can I initiate mediation?
A party can file and serve a Request to Mediate at any time after the Affidavit of Records has been filed.
A Request to Mediate cannot be filed after a Certificate of Readiness has been filed in a lawsuit.
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What do I do if I am served with a Request to Mediate?
A party served with a Request to Mediate has 30 days to respond by filing a Response to the Request to Mediate. In the Response to the Request to Mediate, a party must indicate if they want to mediate or not. A party must list any reasons why they do not want to mediate in the Response to the Request to Mediate.
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What happens next?
If parties agree to mediate, a mediator is selected by the parties and mediation is scheduled. The parties contact the mediator directly.
If the parties disagree about whether or not to mediate, they must meet with a Mediation Coordinator for a Situation Assessment Meeting (S.A.M.). At the S.A.M., parties discuss where they are in the court process and learn more about mediation.
At the end of the S.A.M., if parties can't agree of the want to mediate, the Mediation Co-ordinator will decide for them.
Parties can appeal this decision to a Justice of the Court of Queen's Bench.
There is no cost to the parties for a S.A.M.
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What happens if the parties reach an agreement during mediation?
If the parties are able to resolve their dispute in mediation, the terms of the agreement are written down. The legal action is over when all the terms of the agreement have been fulfilled. The agreement may include terms that the Court could not impose.
Any agreement reached is entered into freely and voluntarily by the parties.
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What happens if the parties cannot reach an agreement during mediation?
Mediation has been successful for many people but it does not work for everyone. It is possible that the parties may be able to resolve some, but not all, of the issues in dispute.
If the parties are unable to resolve the matter in mediation, the parties can continue with the traditional litigation process. If parties do go to court, the trial may be shorter and easier because of the mediation.
It an agreement is not reached, the parties walk away from mediation having gained a better understanding of each others points of view and of the issues that need to be resolved.
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Is the mediation confidential?
Mediations are held in a private room - unlike trials, which happen in courtrooms open to the public.
Everything said in mediation is confidential, unless the law requires that information to be revealed.
Parties may also agree that the information does not need to be confidential.
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What is the role of the Mediation Coordinators?
Mediation Coordinators provide assistance and guidance with respect to the following:
- details about interest-based mediation;
- information regarding the Civil Mediation Program – Court of Queens Bench of Alberta;
- the eligibility of specific lawsuits for inclusion in the Civil Mediation Program – Court of Queens Bench of Alberta;
- information regarding the Roster of Mediators and the standards that Roster Mediators must meet
Mediation Coordinators also meet with lawyers and parties to discuss dispute resolution options, including mediation, and guide the parties through a discussion regarding which form of dispute resolution will be most suitable for their specific dispute.
Mediation Coordinators have the discretion to determine whether or not parties should proceed with mediation when one or more of the parties has requested an exemption from mediation.
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What is the role of the mediator?
The mediator is impartial and neutral. The mediator does not make any decisions or determinations, and does not suggest solutions, but will assist the parties and their lawyers in reaching a solution.
The mediator controls the process, while the parties control the results.
The mediator will:
- assist the parties in defining the issues in dispute;
- help the discussion to stay on track;
- enable the parties to identify and communicate their interest clearly; and
- assist the parties in developing a range of creative solutions.
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What is the role of the lawyer?
Lawyers may attend a mediation if all parties are in agreement.
Lawyers assist with the following:
- educating their clients;
- developing negotiation strategies;
- encouraging their clients to speak persuasively to ensure that there is a thorough understanding of the circumstances of all parties;
- developing a range of creative solutions to meet the parties interests;
- assisting to evaluate the most attractive options; and
- ensuring that solutions reached are workable and practical.
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What are the roles of the parties?
The mediator controls the process, while the parties control the results. The mediator will assist the parties in defining the issues in dispute. The parties determine what issues need to be addressed. The parties do most of the talking during the mediation. After having the opportunity to thoroughly discuss each of the issues, parties will be able to develop an understanding of their common and separate interests. Any decisions will be made voluntarily by the parties themselves.
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What are the benefits of Mediation?
Mediation offers parties the following:
- A reduction in the time and financial costs of the traditional litigation process by resolving some or all of the dispute at an early stage in the lawsuit;
- A reduction in the stress that can result from ongoing conflict;
- A greater understanding of the dispute;
- Maintenance of business and personal relationships; and
- The creation of a high quality positive outcome.
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Do I have to use a roster mediator?
Parties can choose any mediator they want, including a mediator that is not on the roster. However, mediators who are not on the roster may not have the training and experience that is required of all mediators on the roster.
Mediators who are not on the roster are also not bound by the complaint process or the Code of Conduct and Ethics.
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