What is Mediation?

Mediation typically consists of negotiation between disputing parties, assisted by a neutral third party and it is defined as: "The intervention into a dispute or negotiation by an acceptable, impartial and neutral third party (with no decision-making power) to assist disputing parties in voluntarily reaching their own mutually acceptable settlement of issues in dispute".

Characteristics of Mediation Process

• Involves two or more parties in dispute over one or more contract issue(s)
• Entirely voluntary for non-litigious disputes
• Non-coercive, in that the mediator does not decide for the parties, but rather encourages them to agree to a settlement
• Assisted Negotiation, the third party neutral (mediator) remains impartial
• Mediator may provide relationship-building or procedural assistance and options which had not been previously contemplated by the parties
• Mediator encourages parties to explore alternate possibilities/options in settling the dispute
• More informal and relaxed than that of a court or an arbitration
• Rules are those which are agreed to between the parties
• Confidentiality is an important ingredient of mediation
• All communications are without prejudice and cannot be used as evidence in subsequent arbitration or court action (those normally available through Access to Information and Privacy (ATIP) remain available)
• Each of the disputing parties control the disclosure of information to the mediator and what information can be disclosed to the other parties

Components of Successful Mediation

• An agreement to mediate including: selection of a mediator, signing of a mediation agreement and venue
• Undertaking a comprehensive review of the issues and adequately preparing for mediation
• Generating options and weighing their feasibility as possible settlement avenues with the assistance of the mediator
• Reaching a mutually acceptable settlement and detailing the terms of the agreement in the form of a settlement agreement (these will vary depending on mediation specifics). Important: Bassa & Associates LLC representative as well as the other disputants must have authority to settle at the mediation table or have a telephone contact who can arrive at a decision immediately
• Following up and ensuring implementation of the agreement