Mediation

Many modern trials have become very complex and very costly. The risk of victory, of only partial success or of an outright loss must be carefully analyzed and managed.

Mediation – a completely voluntary exercise – provides an alternate milieu to the traditional trial where disputants can, with an experienced mediator as their guide, explore all possible avenues to resolving the conflict short of a trial. Such mediation  – leading to a comprehensive resolution  – will involve a significant component of good risk management.

Interest-based mediation endeavours to broaden the spectrum for the parties beyond the limited perspective of what their legal positions are or how their legal rights may be interpreted by a court of law. It is a flexible forum in which the respective concerns (both apparent and non-apparent), objectives and needs of each party are identified and canvassed so that each party has a better awareness of all of the contextual ingredients to the dispute. Any constructive effort to craft a mutually satisfactory solution flows from that collective awareness. Thus, all parties – not just their legal advisers – must fully participate.

Indeed mediation has become an essential tool in the dispute resolution toolbox for both parties and wise counsel to consider using!

Types of Mediations conducted as of: July 15, 2015
Banker-Customer, Dr-Cr and Insolvency 30
Contract or Quasi-contractual Disputes (not including construction) 135
Construction Disputes 252
Defamation: Libel & Slander 9
Employment including Workplace Interventions 113
Environmental Contamination 37
Estates/Fiduciary duty claims 17
Financial Advisors: Claims Against 43
General Negligence Claims 107
Insurance: claims against Insurers (other than LTD or SAB) 26
Landlord-Tenant Disputes (Commercial) 19
Long Term Disability Claims 74
Municipal: claims against or by municipalities 13
Corporate/Partnership/Shareholder/Oppression claims 37
Personal Injury claims from Auto Accidents including SAB claims 143
Real Estate including condominium claims 24
Sexual Abuse or Sexual Interference Claims etc. 29
Solicitor’s Negligence 11
Miscellaneous 4
Total 1123

Why Mediation?

Mediation really works:

  • the parties can create a more comprehensive solution than what a court can award
  • the “win-win” resolution may preserve on an ongoing relationship between the parties
  • the result is certain
  • there is the obvious cost-saving.
jordan@marsworks.comMediation