Mediation is a form of alternative dispute resolution (ADR) which aims to assist two or more disputants in reaching an agreement. The key component of mediation is that the parties strive to reach an agreement which is determined by the parties themselves rather than being imposed by a third party or a court of law. The disputes may involve organizations, communities, individuals or other representatives with a vested interest in the outcome. Mediators use appropriate techniques and/or skills to open and/or improve dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. The mediator is present as an impartial (unbiased) facilitator. When an agreement or resolution is reached, it is the parties, as full participants, that take ownership of it.

What is attractive about mediation is that parties do not forfeit any legal rights or remedies. If there is no settlement, each side can continue to enforce their rights through appropriate court or tribunal procedures. However, if a settlement has been reached through mediation, legal rights and obligations are affected in differing degrees. In some situations, the parties may only wish to have a memorandum or a moral force agreement put in place; these are often found in community mediations. In other instances, a more comprehensive agreement is drafted and this serves to bring a legally binding situation. For more information click here.

Mediation is a form of alternative dispute resolution. It is an informal process in which opposing parties may negotiate a voluntary resolution of their dispute with the help of a neutral person called a "mediator."

The decision to mediate is completely voluntary for both the claimant and the respondent and must be agreed to by both parties. Mediation helps parties find solutions to their conflict and can be effective in civil, probate, landlord-tenant and family law conflicts.

Mediation allows people to meet in a private setting, where a neutral person (a mediator), helps them work out a solution to their problems. The mediator is not a judge and does not decide who is “right” or who is "wrong." The parties themselves make the choices that lead to a mutually satisfactory settlement.

Each party describes the dispute from his or her own point of view and offers possible solutions. The mediator helps the parties to focus on the real issues causing the problem and then helps them to find a workable solution. When the parties arrive at an agreement, the agreement is put in writing.

If you have a lawyer, ask him or her about mediating your case. If the other party also agrees to try mediation, a mediator at WEMediate will schedule an initial mediation session.

While many problems can be resolved in mediation, you can discuss with your lawyer or the mediator whether or not the issues in your case can be mediated. Cases involving ongoing domestic violence should almost never be mediated.

Translators or signers can be identified in cases where language presents a barrier to communication.

Whether or not you reach an agreement in mediation, your legal rights remain intact. You should know your legal rights before attending mediation. Mediators do not offer legal advice, represent parties or testify at any subsequent hearings that may result if you do not resolve your case in mediation. You are always free to retain the services of a lawyer to assist you.

It works. A good deal of mediations end in agreement as the parties are motivated to find resolution.

It’s affordable. Parties generally agree to split the cost of a mediator. Cases mediated early may avoid costly litigation.

It’s quick. If conducted early, mediation may result in settlement far quicker than waiting until near trial to settle.

It’s private. Unless agreed otherwise, almost everything disclosed during mediation is confidential and cannot be used in a lawsuit.

It's impartial. Mediators have no stake in the outcome. Their role is to facilitate the resolution of the complaint.

It’s cooperative - not adversarial. Mediation provides a comfortable, safe and respectful setting for discussion. It is not " combative" as court cases can become.

Nothing is lost by trying! If the mediation process fails, litigation is still an option.