Mediation is a means of communication. It’s a tool for resolving disputes.

“Litigation” is the system by which one party sues another party for a wrong done or over a dispute that has arisen. It is a system of rules and limitations. Most people need a lawyer to help navigate through those rules and ultimately to present evidence at a trial in a systematic, prescribed manner. The result is a decision by a judge or jury that binds the parties. This system is tried and true, and is recognized as the formal method to settle disputes. Litigation has value, and will remain a necessary system, but it is not the only way.

Mediation is not a system of document filings, responses or discovery or court appearances. It does not require a long wait or high costs. Instead, mediation is a less formal, flexible and civil method of communication used to resolve a dispute with another party. The process itself can be tailored to fit individual needs, but usually involves the parties meeting together with a mediator in a neutral setting. It is most effective for those parties who genuinely want to resolve a dispute.

Most mediations result in resolution. Those that don’t usually advance the process and result in timely resolutions prior to trial.  All save money, clarify issues, simplify complexities and improve communication.

Why choose mediation?

In litigation, lawyers strategically control the flow of information to best position a client for trial. While that might be a good trial strategy, most claims resolve before trial. Mediation allows parties to share information confidentially, which moves negotiations forward and helps parties resolve their disputes much earlier. Most times, once parties have had a chance to fully discuss issues, resolution becomes a real possibility.

Mediation also allows parties to preserve important relationships. Whether your dispute is with  a valuable client, a supplier, a family member, or a close neighbour, disputes can be settled in a manner that keeps relationships intact.

Unlike court, you have a voice in mediation, and can fully participate in the process. Mediation allows you to be heard, and to maintain control over decisions that affect your business or your life.

We open the discussion in a way that helps bring parties together, promotes respect and common goals, and generates creative, unique ideas to resolve the dispute. Parties are free to come up with their own, often unique solutions that may not be available through the court process.

Significantly, mediation is timely and immediate. It’s also a fraction of the cost of litigation. With a flexible process, mediation can take a single day, or several days, depending on the parties’ preferences and how discussions unfold.

Litigation still optional?

Some are reluctant to give up the litigation option, fearing they will have to give up too much, make too great a compromise, or fail to resolve the dispute at all. Fortunately, you do not have to choose mediation to the exclusion of other options.

In fact, we encourage you to maintain your options, seek legal opinions on your position and start litigation if appropriate. You can try mediation at any time, whether before you begin a legal process, or within the context of it. If you are a corporation with in house counsel, or regular litigation counsel, you can and should maintain that tool; alongside it, you can send disputes to mediation to see if they can be resolved quickly and effectively. Not all disputes will require litigation, and you can save both time and money employing the parallel method. Even if mediation does not resolve the dispute, you are rarely worse off.

Mediations that do not fully resolve disputes frequently result in clarity of issues, improved communication and often partial solutions. You can then proceed to litigation with a streamlined case and with resolution closer at hand. This often means a more efficient, less protracted claim with correspondingly lower legal costs.

The mediation process

When you choose to mediate, both parties agree on a mediator. Your mediator is a neutral party, uniquely trained and skilled at facilitating settlements between parties. Each side prepares a summary of the issue which the mediator reviews. Everyone agrees on a date, and whether to meet in person or virtually. If in person, you can meet at a neutral location, usually a set of boardrooms, or at a lawyer’s offices. What happens next is entirely flexible – unlike litigation, you have input into the process that follows.

Often, the mediator will begin with an introduction, and invite each party to summarize why they are there.  If lawyers are involved, it’s usually the lawyers who summarize. At this point, relations are often strained, given that parties are in dispute, and sometimes in the midst of contentious litigation. Polite discussion seems only a remote possibility.

Quantum Mediators help start that discussion, and assist each side in taking part. A good mediator can get parties talking to each other, can help identify common goals, and ultimately find a resolution that works for all. Sometimes the mediator suggests taking breaks in separate rooms so the mediator can talk with each privately. The mediator brings the parties back together to talk about decisions they have made, or issues that remain problematic.

It is a collective effort.

Mediation fees

Quantum Mediators bill on an hourly basis. Flat rate fees can be negotiated for larger projects or facilitations. Please enquire with Renee Collins at reneetcollins@gmail.com or 604 619-5567.

Mediation seminars for lawyers

Ensure your lawyers are prepared to support their clients in mediation. In-house seminars that qualify for CPD credit are available for your firm. Please enquire with Renee Collins at reneetcollins@gmail.com or 604 619-5567.