MEDIATION

NOËL MEDIATION SERVICES - SERVICES DE MÉDIATION NOËL·SUNDAY, DECEMBER 9, 2018

Please contact me in order to determine whether Mediation or Negotiation or Conflict Coaching services could be an option for you. You can also privately submit your situation to me in writing for assessment on the suitability of the mediation process or case acceptance. There is no fee for this.


The Mediation Process –The mediation process is voluntary and confidential, with the goal of helping people in a dispute understand each other and work towards a mutually agreeable solution to the issue. Parties agree to attempt to settle their dispute through the mediation process on the terms contained in a detailed Agreement to Mediate document. Through this agreement, the parties, their counsel (if represented) and the mediator undertake that they intend to act in good faith, in a fair and equitable manner to try to achieve a resolution to issues in this dispute.


Mediation is a Confidential Process - Mediation is a confidential settlement process. Parties who agree to this process undertake that information and communication, whether oral, written, electronic or otherwise that occurs in preparation of, during or in connection with a mediation including the mediator’s notes and records shall be considered confidential and shall not be shared or used as evidence in any administrative or judicial proceeding between the parties, unless all parties agree to it, and these shall remain confidential within the limits imposed by law. The parties must further agree that all discussions and negotiations will remain confidential and without prejudice.


Confidentiality for Mediators – The mediator shall not share any communication, whether oral, written, electronic or otherwise that occurred in anticipation of, preparation to, during or in connection with a mediation to anyone who is not a participant in the mediation process, except to the lawyers or other professionals retained on behalf of the parties, or to non-parties consented to in writing by the parties as deemed appropriate or necessary by another mediator; or to any other individual, providing the parties have provided written consent; anonymously, for research, statistical, or educational purposes; or when required by law, or when ordered to do so by judicial authority; or when the information suggests an actual or potential threat to human life or safety; the commission of a crime or the intention to commit a crime in the future.


Pre-Mediation & Consultations - The mediator’s understanding of the issues to be mediated, and the relative position of the parties in dispute are crucial. Individual discussions between the mediator and each of the parties are held in order to make a proper assessment and initial approaches to see if the parties are each willing to participate in the process. Through this process, a focused Statement of Issues or Mediation Brief in which the parties explain the issues in dispute and their position can be prepared and provided to the mediator ahead of all the parties convening with the mediator during the actual mediation.

It is entirely possible for disputes to resolve at any time during a process, and this includes pre-mediation when parties develop insights into their conflict during pre-mediation meetings and are assisted by the mediator in approaches to their conflict.


Other Actions – Being involved in a mediation process does not prevent anyone from seeking other actions regarding their dispute (such as police intervention, grievances, human rights complaints, other legal actions, etc.).

Mediation is in comparison a much less adversarial alternative, and viable option which should be considered. It is often highly effective and is by far significantly cheaper than other avenues such as civil litigation.


Right to Withdraw - Each party’s participation in the mediation is voluntary (subject to the mandatory provisions of Rule 24.1 if this is a court-connected mediation). While each party intends to participate in the mediation in a good faith attempt to reach a settlement, any party or the mediator may withdraw from the mediation at any time for any reason. Before choosing to end a meditation, parties agree to take a few minutes to discuss the reason for wanting to end the process with the mediator and to try to overcome the impasse. The mediator also has the right to end the process should they feel it is no longer appropriate to continue.


Mediators are Impartial. A mediator controls the mediation process, not the outcome of a mediation. Mediators assist parties in finding mutually beneficial ways to resolve their own disputes. Unlike a court process where a judge imposes a decision and there is typically a winner and a loser to a dispute, the parties in a mediation have significantly greater influence and control over the outcome. Mediation is not about “splitting the difference”. Parties are often surprised at the win-win solutions the mediation process has assisted them to achieve, with built increased value incorporated in their final agreements.


Unlike red wine, conflicts do not generally get better with the passage of time, but rather tend to escalate and build further problems and resentment contributing to greater personal stress.


Please do not hesitate, and contact me today to consider alternatives to your current conflict situation.


Stéphane Noël