If you are trying to resolve a legal dispute without going to court, mediation can be a very effective tool. A completely voluntary process, mediation involves having both parties meet with a mediator who is there to help them agree to a resolution without taking either side. Mediators often include lawyers, social workers and other trained professionals with similar skill sets. At Brunet-McFadden Professional Corporation, we provide experienced mediation in Sudbury as part of our legal counselling services. Throughout the mediation process, we will help you clearly define the issue from both sides and understand each other’s position in order to help you move closer to a resolution that can satisfy both of your needs (even if only partially). In the simplest terms, mediation involves negotiation and compromise.
How Does the Mediation Process Work?
The mediation process begins when both parties request mediation and select a mutually agreed-upon mediator. Once that has been established, the mediation sessions will begin. In today’s technologically driven world, mediation need not take place in person. Mediation sessions can now occur over the telephone or even via a video conference. However, all parties involved and the mediator must agree to the mediation method chosen and must be available during the scheduled time in order for it to be successful. Many mediation sessions are completed in a day and the parties may be represented by individual lawyers or they may represent themselves.
As the mediation process continues, the mediator may ask to meet with both parties individually so they can more candidly discuss their expectations for the resolution and outcome. It is up to the mediator to facilitate the process for settlement among the parties, helping each one to recognize their strengths and weaknesses for making their case. Mediation differs from arbitration in that it is not up to the mediator to make the final decision on behalf of both parties. Mediation requires both parties to reach their own decision. If both parties are able to resolve their dispute through mediation, a settlement will be issued. It is called an impasse when the parties do not successfully reach an agreement during mediation.
Why Does the Mediation Process Work?
Mediation works primarily because most individuals want to avoid high court costs and significant delays when it comes to resolving their disputes. In many cases, mediation can be a more efficient method of resolving a dispute because it involves a skilled, impartial negotiator whose primary focus is upon seeking common ground for a settlement. Both parties are given a more realistic view of their case and the results they would likely achieve should it go to court. It is also a confidential process, typically held in a private office or meeting room without a public record made of the proceedings. This is also appealing for many, especially those in the public eye. If a settlement cannot be reached, anything uncovered during the mediation process is ruled as inadmissible should the parties end up taking the matter to court.
Schedule Mediation in the Sudbury Area
Mediation can work as long as all parties involved have realistic expectations and go in with an open mind towards seeking a compromise. Brunet-McFadden Professional Corporation is experienced in many areas of law, including family law (divorces, separations, parenting agreements, etc.), wills and estate planning and residential real estate transactions to advise you on many legal matters that may or may not involve mediation. Contact us today to request a consultation so we can discuss whether or not mediation in Sudbury is a good option for you and your specific case. At that time, we will also give you a detailed explanation of our billing system and our acceptable methods of payment so you know what to expect upfront..