All parties to a dispute want a favourable outcome. All parties tend to think that their cause is just. It is so easy for us to forget that the other side to a dispute will not see the "justice" or "rightness" of the case in the same way. Each side has legitimate interests.
Yet it is rare that one party is completely right and the other is completely wrong. Mediation presents an opportunity for parties to resolve their differences in a collaborative way that leaves both parties coming away with dignity and a resolution they can accept.
Mediation is a negotiation between disputing parties, assisted by an impartial facilitator.
It is a voluntary, non-adjudicative, facilitated process which seeks resolution by encouraging the parties to work together. The mediator's role is not to decide for the parties, but rather helps them make their own decision.
It avoids the adversarial elements and strict rules of procedure of litigation and takes a creative approach to dispute resolution.
Mediation empowers the parties to reach acceptable outcomes while maintaining control over the process and the outcome, while Arbitration, on the other hand, tasks each party to present their best case to the arbitrator, but then takes the decision out of the parties' hands and leaves it to the third-party arbitrator to determine the resolution for them.
Mediation is most effective when the mediator can identify and parse out the most critical issues and concerns and concentrate the focus on the "deal breakers."
As with arbitration, listening skills, experience, knowledge of relevant legislation, and, most of all, trust, are what a good mediator brings to the parties. A good mediator understands how to move the parties closer to a resolution and provides a neutral third-party perspective that is often crucial to reaching agreement.
I have extensive experience (over 30 years) in labour and employment law acting in numerous disputes.
I have conducted mediation in K-12 education (both teachers and support staff); post secondary education; health care; construction industry; brewing industry; cement production; municipalities; transit; pulp and paper industry; food distribution; lumber; meat production; elevator industry; concrete products industry; soft drink industry, entertainment industries.
I am available to conduct arbitrations and mediations either online or, as permitted and appropriate, in person.
My online practice is conducted using popular collaboration tools including Zoom and Microsoft Teams.
Let's work together to find the right mix of preference and practicality.
For more information, please contact me today.
